Ancestral property registration

Querist : Anonymous (Querist) 12 May 2021 This query is : Resolved
Dear Sir/Madam,

I have a ancestral property in Andhra Pradesh which is not yet registered till date(due to poor coordination between the legal heirs) in the name of my late great grandfather and We are in the possession of the said property since 30 years and above.

The Property is in the name of Late Mr. ‘A’(great grandfather) who has 5 sons(in which 4 died and 1 is alive) and 2 Daughters(in which 1 died and 1 alive) and wife also died.
Late Mr. A Family Tree
4 Sons of late Mr. ‘A’
Late Mr. B Late Mr. B has 2 Sons and 2 Daughters, all are alive and wife died (Late Mr. B is my Grand Father)
Late Mr. C Late Mr. C has no children and wife is alive
Late Mr. D Late Mr. D has 2 sons and 3 Daughters all are alive and wife is alive
Mr. E (alive) Mr. E has 3 sons and 4 Daughters, all are alive and wife died
Late Mr. F Late Mr. F has 2 wives(both are alive), 1st wife has no children and did second marriage & 2nd wife has 2 sons and 1 Daughter all are alive

2 Daughters of late Mr. ‘A’ Late Mrs. G Late Mrs. G has 3 Sons and 6 Daughters, all are alive and Husband died
Mrs. H (alive) Mrs H has 5 Sons and 2 Daughters in which 1 son & Husband was died & rest are alive

I am the grand son of Late Mr. B who had been in the possession since 30 years and above( because late Mr. A has been gifted orally the said property to my father since then we are in the possession)

Due to poor coordination between the family members we have not done any registration.

Kindly suggest legal ways to get it registered in favour my father as per Muslim Personal law(Mohammedan Law).

Thanks

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Sankaranarayanan (Expert) 12 May 2021
First try to get the legalheir certificate and death certificates show all papers to local advocate and act accordingly

Querist : Anonymous (Querist) 12 May 2021
Good Information thanksgiving

Pradipta Nath (Expert) 12 May 2021
Agreed with the Expert!!

kavksatyanarayana (Expert) 12 May 2021
Yes. Consult a local lawyer with the death certificates of the deceased. But why kept silent these 30 years period? Is the property still in the name of your great grandfather? I think it might have been got changed or the Survey number changed. So before consulting the lawyer, you shall obtain the ROR( Pahani Copy) from the Revenue authorities.

J K Agrawal (Expert) 13 May 2021
at first instance you need not to get any legal heir certificate. In fact there is no officer or court who grant a legal heir certificate. Succession certificate not applicable in your case. I do not know any law in India under which which a legal heir certificate is granted.
Just apply for mutation of record in your name as per Verbal gift to your grand father. If the concerning authority denies to mute name then it starts a legal action in proper jurisdiction on ground of oral gift + admission by other by conduct + plea of delay waiver and laches + plea of adverse possession.

P. Venu (Expert) 13 May 2021
Why don't you post simple facts instead of assumptions are presumptions? Please not that the concept of ancestral property is unknown to Muslim Law.

Admittedly, your grandfather has received the property by way of gift from his father. Under Muslim Law, it is not necessary that Gift (HIBA) be registered. As such the issue boils down to inheritance of property of B and its distribution among the legal heirs in accordance with the personal law applicable..

T. Kalaiselvan, Advocate (Expert) 13 May 2021
If the father of the donee being a Muslim, transferred his immovable proeprty to the donee by a oral gift, i.e., Hiba, then the donee being Muslim, having accepted the gift and have been residing in the property ever since this oral transfer, becomes an absolute owner of the property acquired through this oral gift.
Subsequent to the death of the donee, the property left behind by him shall be inherited by his own legal heirs/successors in interest as per Muslim personal law.
You being the grandson of the donee, may not be entitled to any share if your father/mother being a legal heir is alive and are entitled to their respective share out of the property left behind by the donee upon his intestate death.

K Rajasekharan (Expert) 14 May 2021
As said earlier by Adv J K Argawal, the Legal Heirship Certificate or Succession Certificate has no role in declaring succession or inheritance of property.

They are meant for collecting government dues or securities/debts of the deceased person by his/her legal heirs.

The learned advocate has pointed some strategic ways to proceed with the matter and they are some possible ways to bring this issue remaining unsettled for more than three decades to a settlement by the court.

Querist : Anonymous (Querist) 15 May 2021
Dear Sirs,

Thank you all for your valuable suggestions, In this case, how could my father(Donee's Son) or Legal heirs of Donee go for the paper work to get the said property registered at respective Sub Register Office?

J K Agrawal (Expert) 16 May 2021
Draft partition among the heirs of your grandfather and get it registered with sub registrar.
If he raise any objection about title just be firm and rigid that he in not concern to title.
If your grand father alive, he can make further gift or will and get it registered.
further (in case your grand father not alive) one of heirs of grandfather file a civil suit for inheritance of property share and other will appear and accept. As such the court will pass a decree and get the decree registered before the sub registrar.
Have a smart lawyer and there may be much more ways.

Querist : Anonymous (Querist) 03 May 2023
Dear Sir,

With respect to my past query posted(above), seeking guidance:

The Municipal Authority officials are denying to mutate my fathers name in the property tax/property assessment record for the portion of the residential house property which was gifted to my Father by his grand father(Mr.A) through Oral Hiba(we are in the possession in the said portion of house property for more than 30 years). Reason for denying was No transfer document is executed or available as a proof of transfer. I tried to convince them with reference to Oral Hiba provision(Mohammedan law), but failed to convince them from long time.

Sir, the reason why we are asked to mutate name in property tax receipt is because the concerned SUB REGISTER directed us to register or transfer the said property to my name only when the Mutation is done in the name of my father. And i wanted to construct this house property in which we are staying as the life span of the existing structure is completed, because of this unable to initiate building permission and commencement works.

Please suggest us how to take these things forward legally to get it registered in my favour.

P. Venu (Expert) 04 May 2023
The stand of both the officers are legally unsustainable. Have they communicated their decision in writing? If so, approach the High Court seeking direction to the said authorities.

Querist : Anonymous (Querist) 04 May 2023
No sir, they have communicated orally only but not in writing.

Querist : Anonymous (Querist) 04 May 2023
then how to move these forward sir?

P. Venu (Expert) 04 May 2023
If so, execute the deed and present the same for partition. If the SRO declines, that provides you the cause of action to seek judicial remedy.