Registration
Sk abdul farzan
(Querist) 13 February 2015
This query is : Resolved
my wife grandmother has property on her name given by her husband and husband died longback now she wants to transfer ownership from her name to on my wife name but ligation now creating by grandmother daughter saying wants to have that property
in that scenario what action should be taken to transfer ownership on to my wife name
What are all procedure there to do so ?
Which further if any case is made on the same property that appeal shall be as deem rejected by indian Law or by judiciary system need authentic possible way
Kindly suggest me on this case
Awaiting for your response
Regards
Abdul Farzan
ORISSA
ROHIT SHARMA
(Expert) 14 February 2015
1. Muslim Personal Laws of succession are applicable in your case.
2. Your wife's grandmother while she is alive can make a registered gift deed to your wife but if she dies intestate then the devolution of the property in the name of the grandmother will follow the Muslim Personal laws of inheritance (Shia or Sunni as the case may be) and in that case your wife's grandmother's daughter can claim her share.
3. You are however advised to consult the Muslim Personal Law Board for appropriate conclusion.
4. If need be for further deliberations you can get my contact details shown in the L.H.S. margin of this reply format provided that you are willing and agree to pay moderate sum for remuneration for such exclusive consultation.
Sk abdul farzan
(Querist) 14 February 2015
1 If grandmother is gifted deed made on my wife name if further after death of grandmother can anyone retaliate the case in court on Challenging ground if so that gift deed can have rejected by law ?
2 what are all ways and how many ways are there to make solid proof for a Land ?
Pls share your mobile
Thank you
Abdul Farzon
Rajendra K Goyal
(Expert) 14 February 2015
Registered gift deed even if challenged is set aside in rare cases.
Advocate Ravinder
(Expert) 14 February 2015
I agree with the above experts. Gift deed cannot be rejected. If you go on delay, as advised by Rohit, it will be distributed as per Muslim succession rules on her death.
Oral gift is valid in Muslim law. But it is better to register the gift deed. It is 1% of the Govt market value in Telangana. It will differ slightly from state to state. Go to the sub registrar office and enquire.
P. Venu
(Expert) 15 February 2015
Hiba requires no registration.
What do you mean by"grandmother daughter"?
T. Kalaiselvan, Advocate
(Expert) 17 February 2015
A hiba given and acted upon by the donor as well as donee will be sufficient enough to establish conveyance or transfer of property. The Hiba need not be registered and it can be even oral. The donor should have proper title to execute the proposed Hiba. You may answer the query that who is grandmother daughter.
