after my great grand father property does not register to anyone how to register the property on my name property is around 150 years old property taxes are all paid by my grand father.
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On great grand father demise property woukd devolve on his legal heirs as per Muslim personal law
2) for mutation of property in your name you need consent of other legal heirs
3) they can execute registered relinquishment deed for their share in property
As my grand father is only legal heir of property but he is not able to go registrar office
Mutation has to be done in grand father name
2) he can then execute registered gift deed in your favour
3) if he can’t go to sub registrar office he can execute specific POA in favour of family member to execute gift deed
4) request registrar office to depute officer to your grand father residence for registration purposes
If your grandfather is the sole legal heir to your great grand father, he may move to the concerned Tehsil for the mutation of his name in the Khatauni.
1. Your grandfather can authorise you or someone through Power of Attorney (POA), to get the property mutated in his name in the revenue records by contacting the jurisdictional Revenue Office/ Corporation/ Municipality, as the case may be, after producing the death certificate of your great-grandfather and Genealogical Tree.
2. After your grandfather's name is mutated in the jurisdictional revenue/ corporation/ municipality, then your grandfather can gift the property to you ( through POA) by registering the Gift Deed in the jurisdictional Sub Registrar's Office.
Dear client you can file for the partition of property suit before Civil Court
It is better to get a Will executed by your grandfather in your name. Get the assistance of a competent lawyer to draft the Will. Get it witnessed by your family doctor. Registration is not compulsory.
If your grandfather is the only legal heir on whose name this property was transferred and he is the lone person owning and enjoying the property then he can transfer the property on his name to anyone of his choice, thus if you want this property to be transferred to your name he can transfer the same to your name by Gift under Muslim law.
Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs.
A Muslim is allowed to give away his whole property in his lifetime.
Also, the religion of the person to whom the gift is made is irrelevant. The transfer of property through the way of gift is immediate and without consideration. It is an unconditional transfer of property. Although the gift being a property has to be governed by the Transfer of property act, 1882. But Chapter 7 of Transfer of Property Act 1882 does not cover the gift under Muslim law. So, the Muslim Personal law governs the Muslim gift or “Hiba”.
This Hiba deed need not be executed by a registered document and also the Hiba can be oral too.
You can get the property transferred to your name by Hiba.
There are mainly three conditions which need to be fulfilled for the successful transfer of property or making of a gift by a Muslim person. These conditions are as follow:
Sec150 ... For a valid gift there should be delivery of possession of the subject-matter of the gift and taking of possession of the gift by the donee either actually or constructively; and
See152... Where the donor isin possession a gift of immovable property of which the donor is in actual possession is not complete, unless the donor physically departs from the premises with all his good and chattels, and the done formally enters into possession. It is thus clear that the gift need not be . in writing and consequently no
registration is required.
- As per law , in the absence of title document , one cannot claim ownership of the property
- Since, the said property was not registered in your great grand fathers name , then legally he was not the owner of that property, and hence you cannot claim any right over the same.
- However, if you are residing in the said property or if that property is in use and occupation since long period then you can be declared owner of the property on the ground of adverse possession.
- You can file a suit for Declaration before the court on the ground of adverse possession after producing the proofs of continuous possession .
- Further , if the property was in the name of your great grand father , then after his demise intestate , the property would be devolved upon all his legal heirs equally
- However the share of daughter will be half of the son as per Muslim law.
- You can apply for mutation of the said property after filing the death certificates of great grand father and the legal heirs who is already expired with the name of alive legal heirs.
