• Property transfer question

1)My grand mother got a property from her Mother and the property was mentioned as non saleable gift in the deed.We have the original deed saying this. 

2)She died without writing Will and her 5 children carried over the ownership of this property without any documentation or legal formalities.Grandfather died too. 

3)Out of 5 children,2 daughters got married and relocated to different city raising their family.One of those sister died 10 years back leaving her family behind. 2nd daughter is still alive and living with her family. 

4)Out of 3 son,one dies without marrying and left no family. 2nd son has 4 kids and 3rd Son has 5 kids.out of these 9 kids,we are three brother owning the ancestor property without any documentation/deed/will. 

We want to know what are the legal options for us so that we can transfer the property in our name(3 brothers) and clear the title on our-self so that there will not be any litigation in future in case if we decide to sale or develop in partnership with builder.

We want to make proper documentation of this land and then develop it for some rental income. Its a residential property in Jharkhand,I can't provide absolute detail unless you guys can confirm that you have solution and take responsibility to execute it.

Please let me know the available option and I am ready to pay the fee for a worthy discussion.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

This property has 4 stakeholders, thus, 1/4 share each will go to the said 4 stakeholders.

1st 1/4th share to deceased sister's legal heirs.

2nd 1/4th to the daughter who is alive.

3rd 1/4th share to 2nd son.

4th 1/4th share to 3rd son.

Without seeking relinquishment from the above stakeholder's, there's no way that you 3 can claim the ownership of this property to the exclusion of others. Seek a relinquishment and only then this is possible.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Cleint,

After GM death, her property inherited equally in her children.

Whoever child expired, their share devolved in their legal heir, ( children/husband), And who died issue less, his share will devolve in his/her brother/sisters as 2nd class legal heir.

To become absolute owner and transfer of property in your name, they will have to execute release deed, in your favor.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. the term 'non saleable gift' will have to be first understood through the deed executed by the mother of your grandmother

2. a gift of a property is absolute and irrevocable and there can be no conditions attached to a gift. There is no such thing as conditional gift

3. so I assume that your grandmother became the sole owner of the property after the same was gifted to her by her mother

4. she dies intestate leaving 5 children and husband (did your grandfather die before your grandmom?)

5. all the surviving legal heirs and their descendants will have to execute release deed in favour of the 3 brothers

6. the release deed will need to be stamped and registered

7. then 3 brothers will get title to the property and they can mutate their names in various revenue and municipal records

8. "I can't provide absolute detail unless you guys can confirm that you have solution and take responsibility to execute it."

Kindly dont mind but this is a highly inappropriate way to post your query to lawyers

A lawyer will need to study all the papers and consider all aspects in detail before he can suggest a practical advise. You cannot seek confirmation from a lawyer for a solution without giving him opportunity to study the relevant aspects touching the facts of your case. When you go to a doctor do you tell him that unless you confirm a sure shot treatment, I will not disclose what problem i am having!

Yusuf Rampurawala
Advocate, Mumbai
7902 Answers
79 Consultations

On grand parents demise all 5 children have equal share in property

2) on demise of bachelor son his share would devolve on surviving siblings

3) on demise of daughter hershare would devolve on her legal heirs

4) to transfer property in name of sons consent of daughter and second daughter legal heirsis necessary

5) they can execute gift deed or relinquishment deed for their share in property

6) gift deed or relinquishment deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

1. First thing there cannot be any condition on gift so the condition non saleable property is not valid as the donee that is your grand mother is sole owner of the property.

2. Since on demise of Grand father and Grand mother all the 5 children have equal share in the property,

3. Since on son died without legal heirs then further the share shall be distributed in four equal shares between two sons , one daughter and one to the legal heirs of daughter who demised previously.

4. Since one brother already demised to transfer property in remaining two son a registered relinquish deed (haq tyag) is required from the the sister and legal heirs of demised sister in favour of brothers.

then only there share can be transferred in your favour, otherwise the sister and the legal heirs can claim a partition and there share in property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This property belonged to your grandmother hence it will not come under the category of ancestral property.

Your grandmother's five children are entitled to an equal share in the proeprty.

As mentioned by you that one of her sons, who was unmarried and died, his share in the proeprty shall automatically devolve on his other siblings,

Thus the properties can be divided into four equal shares and your father is entitled to inherit one such share.

As your father is living, only he can avail or inherit his one fourth share ion the property.

You can develop your father's share only if your father is transferring his share of proeprty to your name by a registered gift deed in your name.

T Kalaiselvan
Advocate, Vellore
90046 Answers
2498 Consultations

get English translation of sale deed done

2) you can post security guards in the property

3) install CCTV cameras in the property

4) best option is to sell the property

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

First get an EC for this property.

From EC you will come to know the current status of the property.

To prevent encroachment, you may get the property surveyed by government surveyor and get the boundaries marked and fenced.

After that arrange for negotiations with other share holders on further issues.

Take the help of a local lawyer for all types of guidance.

T Kalaiselvan
Advocate, Vellore
90046 Answers
2498 Consultations

Get the deed translated first, then check the revenue records by taking certified copies from the Taluka/ tehsil revenue office. if it not mutated in name of all legal heirs file an application for mutation of the property in name of current legal heirs.

Further prepare and register relinquish deed.

Also to protect property from encroachment get it walled or fenced , give a public notice in newspaper with name of legal heirs , further put up a legal notice on property saying property belongs to so and so trespasser and enchroachers shall be prosecuted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. get the document which you have with you, translated in English

2. erect proper concrete fencing around the land on its legal boundaries and have a security deployed

3. also install a prominent board on the land stating therein that it is a private property and trespassers will be prosecuted

4. if the place has access to internet, then you can also install CCTV cameras to monitor illegal trespass and encroachment

5. once you get the english translation, further steps can be taken depending on the contents of the deed

Yusuf Rampurawala
Advocate, Mumbai
7902 Answers
79 Consultations

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