• Mother Gifted home To Son

My Grandmother is passed away she has right a letter in white paper that home belongs to my father ...I have only that proof.....the other old documents are available but thay are not correctly visible be to us ..and one more thing that the land was named on My Grandmother ( Name was Wrong in The Government Records mahabub Bee @mahahbub khan)...So What I should to do registration that land to my dada
Asked 5 years ago in Property Law
Religion: Muslim

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11 Answers

1. There is no necessity to make registration of the Will and the Will made on a plain paper is also a valid one provided it is attested by two witnesses.

2. If that is so then you can apply for Probate of the Will and once it is done then on its basis you can apply for mutation of the name of the beneficiary. 

Devajyoti Barman
Advocate, Kolkata
22865 Answers
492 Consultations

5.0 on 5.0

A Hiba may be made orally. Writing is not necessary. The donor may declare the gift of any kind of property, of any valuation, either orally or write a deed. Under Muslim Law, writing is not necessary for the validity of gift whether property is movable or immovable. Section 123 of the Transfer of Property Act which provides that gift of immovable property must be in writing and registered, is not applicable to gift made by Muslims.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See if there is will written on paper then in that.case your father can file for probate  based on the paper and other documents for transferring the property in favour of the father.Probating the will shall give the plain paper legal validity.

Further for the name Affidavit can be filed along the.suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

That will be considered as will and is active for Succession and transfer

Prashant Nayak
Advocate, Mumbai
32059 Answers
183 Consultations

4.1 on 5.0

The land belonged to your grandmother and she has written a will although it is not registered. It is not necessary for the will to be registered. It is a valid document. But in Muslim law only 1/3 of the property can be given away by will. The rest has to be divided as per the Muslim succession law.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Will has to be attested by 2 witnesses to be valid

 

2) in present case it is not valid will

3) further Muslim cannot bequeath more than one third property by will 

 

4) property would devolve on grand mother legal heirs as per Muslim personal law 

Ajay Sethi
Advocate, Mumbai
94910 Answers
7570 Consultations

5.0 on 5.0

Dear Client,

Written on white paper is not valid gift neither it can be consider as WILL without duly attested by two witnesses. Apply for legal heir certificate than on the basis of it, home will transfer in her legal heirs and to make your father  absolute owner, other heirs have to execute release deed in his favor.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

If there is no more payment to the property then this property will be transferred to your name and you have to provide the affidavit that your grandmother has the name of this which was incorrectly written in the government record as so and so but in case there are some more claimant to the property this white paper has nothing to do and everybody will have the share in the property as per their legal rights

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that a paper on which your grandmother has written that the home belongs to your dada.
  2. Yes, with the help of this very paper you can get the same transferred to your dada name.
  3. And as now, she has passed away, you can use other documents to show her name and the fact of her being the same as the owner of the home and the same in the other documents, except property papers.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. That letter can be construed as a will if it has been attested by two attesting witnesses, else it is deemed that she died intestate in which event her property has devolved through intestate succession on all her heirs.

2. Consult a lawyer with all documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since writing on a white paper cannot be considered as her wish to transfer the property to your father, this property can be termed as intestate succession only.

Therefore all the legal heirs of your grandmother shall be entitled to their respective shares in the property as per Muslim personal law.

You may ask the other legal heirs to relinquish their rights in the property in your father's favor so that he shall become an absolute owner of the property 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

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