• Property Case

A SON B DAUGHTER C Grand Mother In Law D Grand Daughter.

Joint Patta undivided.3 Share Holder name A B C are registered.

B cunningly taken out Grand Father in Law name from Record and Put B name even without notice C OR A. 

Grand Father In Law had been died intestate long back and he purchased plot on his own money.

I am Grand Son In Law Married to D and I was promised in marriage time they will give plot portion from C share to D because C raised up D right from her birth and given milk to her and  till her marriage by Love & affectioned by her own freewill without any compulsion to her & she had been looked after her that's because D is Handicapped. 

Now B does not agree on this and threatening to go to court If Plot Transfer to D and B does not sign on documents to proceed further. In that Scenario C A both agree to dispose plot on D name.

How to transfer name on record C to D on Joint Patta according to Muslim Community?

Which will be best Documents according to you which can not be revoked by court If B go to court?

How to split patta separately to D name & its Procedure?

What are all legal procedure to avoid future tussle with B or by any contestant ?

Your valuable advise is highly appreciated and expecting instant Reciprocate
 to this matter. 

Best Regards
Abdul
Asked 1 month ago in Property Law from CUttack, Orissa
Religion: Muslim
1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners 

2) A and C can either sell their share or execute gift deed in favour of D 

3) gift deed should be stamped and registered 

4) even if B moves court ti challenge sale deed or gift deed chances of success are bleak 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1) stamp duty is state subject and varies from state to state 

2) B can challenge  gift deed on account of coercion or undue influence 

3) enclose medical certificate that C is mentally fit to the gift deed 


4) best is sale deed 

5) 2 witnesses should suffice 

6) on basis of sale or gift deed apply for mutation of property in D name 

7) if you want division of property file partition suit 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
For phone consultation contact the webiste 

2) on payment of charges you can seek phone consultation with any lawyer on this website 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
Now B does not agree on this and threatening to go to court If Plot Transfer to D and B does not sign on documents to proceed further. In that Scenario C A both agree to dispose plot on D name.
How to transfer name on record C to D on Joint Patta according to Muslim Community?

Patta is not the title document.
The title document is on the name of the decesed person hence upon his intestate death the property devolves on the heirs of the deceased and as per Sharia law of inheritance the property after allotment for funeral expenses, shall be distributed in proportionate to the eligibility of the heirs/successors in interest.  
Accordingly the widow shall be entitled to 1/6th share in the property after that it shall be on the basis of 2:1 for son and daughter respectively.
B is daughter and she is entitled to half share to the share of her brother out of her father's property. 
Transferring of the entire property in the revenue records is unlawful and invalid.  She can apply for separate patta in respect of her share alone in the property. 
Also grandmother C can execute a gift in respect of her share in the property to D and not beyond that. 
Similarly A also can transfer his share of property alone to D and not the entire property. 




Which will be best Documents according to you which can not be revoked by court If B go to court?

The documents in your possession are to be seen to confirm the valdidity of the same before court of law.




How to split patta separately to D name & its Procedure?

To get patta on the name of D, first the property has to be transferred on her name after which she can apply for separate patta with the revenue department.  



What are all legal procedure to avoid future tussle with B or by any contestant ?

The legal procedure is to first get proper partition and then transfer it to D's name 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
My question is If I do sale deed or gift deed which will be the process through which I can pay less stamp duty since owner is women according to Law Please advise me and there is Law for Concession IF women is going to be Owner?

The stamp duty differs from one state to another, you may clarify the same locally.






For transferring the property to D, first of all the person who desires to transfer the same on her name shall have to hold marketable title after which only she can transfer her share of proerty. 
B has legitimate share in the property hence she may object if the entire property is transferred. 









T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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