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
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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
Thank you Sir for your prompt response on it. 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? If I do Sale deed or Gift Deed what are all ground B can claim at court as Illegal approached and may chance to prove me wrong what are all ground possible may come please point me few line on it and what are all documents do i need to submit to prove my authenticity according to Law and just to avoid legal tussle further in future, As in Gift Deed Do I need to submit Fitness certificate while registering, C is healthy sound and mind sharp and what else require to be sufficient prove it is 100% genuine and authenticated? Sale Deed or Gift Deed will be best? Can anyone be witness or specific and Can I keep 4 witnesses in registration process is there any harm IF so Please clarify? Once registered which way through I will Apply Patta to submit Application to direct Tehsildar and requesting to split plot according register documents or Partition Suit would be great Ideal choice according to you which will give me less tension and tenure to wrap it up case IF She challenges in court Illegally made documents ? List me Documents which is 100% require & proved to be Genuine while registering ? Help me to Finish it off without Single mistake and Please share your Number IF require your Help I call you after proper subscription. Thanking you Abdul
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
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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
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.