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Murali (Engineer)     21 August 2009

Registration based on Muncipal Ownership Certificate

Hi,

My Father gifted a property to me. In which he constructed a small house and obtained the Municpal House number as well.

However after my father's expiry a year back, due to family in-fights I am not getting the documents to take posession/sale. Also found that there is no registered document in the registration office for this house number. My question is

1. How do I proceed to take the ownership/posession of the land/house legally

2. How do I further sale/gift to another person

3. What is the procedure to get the legal documents?

Thanks a lot for your kind help

 

Regards

Murali



Learning

 2 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     23 August 2009

You have to findout gift deed else succession certificate.

Your further clarification is welcome at;

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We have branches in almost every High court in India.

With Regards

AEJAZ AHMED (Legal Consultant/Lawyer)     25 August 2009

Dear Murali,

Your question is not clear about the following :

i) about Family Members and legal heirs of Your Late Father..

ii) Who is in possession/Occupation over the Property in question Gifted to You by your late father.. 

What ever it may be,  as per  reply of our learned friend Mr. Kamal, the Document of Gift Deed is must under which you are claiming the Property.

 Without the Document neither you can take any action to take possession or claim Full Ownership over the Property in question,  nor you can transact with third parties for further Sale or Gift.

In your case and with regard to the property in question, there is no valid and legal documents as said by you... "  Also found that there is no registered document in the registration office for this house number ".

If there are other legal heirs along with you of your late father then you can only claim for your share in the property on the Municipal Documents, by approaching to the concerned court of law. 

( Municipal and revenue Docuements are not the title documents in the eyes of Law)


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