Yesterday I had asked in this forum, My mother got a registered property of site after death of her father...my uncle(ma ma) and grand mother registered the property on my mother by leaving their share on the property in 2011...the property is initially registered on the mother of my grand father( great grand mother) in 1927...by mutual oral settlement between brothers ,the properties got settled between brothers and the proprty was under my grand father from past 80 years without registration in his name....my mother also constructed a small kacha house on the property 30 years before for which she got house tax receipt in 1990 from panchayat...since the present registered document was not linked to initial document of 1927, do my mother property have got clear title even though enjoying the property and posessing the property from 1990 ...can we secure loan and what needs to be done to make it clear title in future..some one suggested to go for re registration on me and on my brother by referring the initial document of 1927 and panchayat endorsement certificate stating possession of property by my mother from past 30 years... will it make clear title in future for securing home loan ?? Today I would further would like to ask .... 1. To get clear title , would it be better to go for re registration on me and my brother by sale deed or gift deed by my mother now clearly stating the ownership possession of the site from past 30 years by my brother and inclusion of original link document of 1927 which was not listed presently in the available relinquishment deed of my mother... ..which would be more better for acquiring clear title.....sale deed or gift deed ? 2. Though property registered on my mother in 2011, the said property was under possession by my mother from 1989..my mother had built one katcha house in 1989..she had paid one year house property tax in 1990... it is for only one year the tax receipt generated by the panchayat..later they removed tax for katcha houses and later could not be paid...whether this tax receipt of one year 1990 is sufficient to claim possession certificate from panchayat or tahsildar office stating the property is in possession from 30 years,,, 3. Is it compulsoriy to get possession or mutation certificate of 30 years from Tahsildar office only...or whether the same if obtained from panchayat authorities will also do good....presently tahsildar instructed panchayat authorities to issue certificate .... 4. Would the house loan be clear based on the 30 years possession certificate issued by panchayat authorities and with the present available relinquishment deed registered on my mother in 2011..
1) registered sale deed can be executed by mother in your favour and that of your brother
2) matcha receipt can help in proving mother possession
3) it is sufficient if panchayat issues certificate
4) house loan may not be issued merely on basis of relinquishment deed
Mother has clear title, no registration require. Just keep original chain of documents with you and only when you want to transfer ownership in joint in mother life time than ask her to execute gift deed.
Tax receipt dose not confer tittle but only possession.No certificate require from Tahsildar, possession can prove by electricity & other bills.
For house loan, registered the property on my mother by leaving their share on the property in 2011 is sufficient docuemtn, but full chain of docuemtn is needed from date of origin of property.
You can go with point no 3 which you have mentioned in today's questions. And get clear title of property and later on go with question number .
1. Yes
2. Yes.
3. It's better
4. Yes
Yes you can ask your mother to transfer the property on name of you and your brother and get the gift deed registered with sub registrar.
Yes property tax receipt will be enough to show that your mother had possession of land from past 30 years.
Yes it is compulsory to get the mutation records updated.
1. You can go for the said gift deed in your and your brother's favour to create a registered title deed for further selling the property in your name. If the Registrar raises any objection, then you shall have to file a declaratory suit praying for a declaration that your mother is the legal title holder of the said property by virtue of her occupation for last 30 years.
2. The said document is an evidence that tax for the said property was paid by your mother 30 years back.
3. Mutation certificate is obtained rom BLRO/Tehshilder's office.
4. No. House loan will be sanctioned based on the original Title Deed to be submitted before the lending Bank.
1. A registered deed would be an authentic evidence to p[rove the title, hence you may get a registered document either on your name of your brother's name executed by your mother
2. The tax receipts are one among the documentary evidences to prove possession.
3. This would depend on the instructions of the competent authority to issue such certificates, if the local panchayats have been authorised to issue the said certificate you may obtain the same.
4. As far as the housing loan is concerned it is the discretion of the banks to grant loan based on the documents submitted before them to their satisfaction
