Regarding house property
Siva
(Querist) 17 February 2017
This query is : Resolved
My grand father expired and he has one son and two daughters. Iam son's son of my grand father and we are lived in the same house with my grand father when he was alive and continued to live in same house after his death.My grand father's both daughters got married living sperately with their husbands in another places.Recently my father expired.My father and myself paid the property tax of the house in the name of my grand father since a long period after my grand father death.Is am eligible for occupy the house.if no if can I take no objection from my both the aunts can I eligible as one of my aunt not interested in my grand father's property and another one not yet expressed any interested wether she want or not.My question is that we had paid the property tax since 9 years and living in the same house.so we can apply change in name of the property. Please clarify sir.
Kumar Doab
(Expert) 17 February 2017
It is believed that you are all Hindu.
The property was self earned/acquired/ in the hands of Grandfather?
Confirm!
Kumar Doab
(Expert) 17 February 2017
If it is self acquired then all ClassI legal heirs of your Paternal grandfather( Dadaji) i.e. Mother, Wife, sons, daughters…………………shall have equal share in it.
Thus one share shall come to your father.
Likewise from our father’s share: one equal share shall come to you.
It is in which state?
Kumar Doab
(Expert) 17 February 2017
If it is ancestral; then post date/month/year of death of your grandfather ( Dadaji), Father.
Post the nature of property: Agricultural, Urban.
It is in which state?
Rajendra K Goyal
(Expert) 17 February 2017
Your aunts have share in the property of their parents.
Try to get registered relinquishment deed of their shares from them.
Siva
(Querist) 17 February 2017
My grand father expired on 27.12.2012 and my father expired on 12.02.2017.we are residing in telangana state.But somebody told that the property tax has been paying from long period by my father and myself and we (my father and myself) are still living in the same house.My aunts left to their husbands house long back I.e.in 1988&1990.So as per others opinion this house belongs to me only.So kindly request to clear the confusion and what are the ways to approach to get that house back to me.My grand father also given marriage gift/dowry to his both son in laws which is not legally certified.
Sri Vijayan.A
(Expert) 17 February 2017
Dates of death of ur Gr.Pa. and also dates of marriage of ur aunts are needed.
However, in general, i advise you to get the release deed executed by ur aunts and get it registered.
Regards.
Kumar Doab
(Expert) 17 February 2017
You have not confirmed if you are all Hind, and the property is self earned/acquired/ancestral in the hands of Grandfather?
If one thinks that property is ancestral then one may also check, if the property had been alienated or partitioned before December 20, 2004.
If one thinks that property is ancestral, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
The married daughters seem to have share even if the property is ancestral.
The payment of Property tax does not confer title or ownership.
The share does not vanish with time.
Better is prefer amicable settlement and be fair.
Registered Family Agreement on fair terms, if possible may be preferred.
Siva
(Querist) 17 February 2017
We are Hindus and the property was self earned by grandfather.
Kishor Mehta
(Expert) 18 February 2017
Sir,
Payment of property tax, and residence, for a period of time does not entitle you to claim ownership of the property.
Certain legal procedures have to be followed to own a property.
The Experts have offered valuable guidance.
Good luck,
Kishor Mehta
M V Gupta
(Expert) 19 February 2017
It appears that your grand father did not executed will. If this is correct, on his death intestate the property(which is sated to be self acquired) devolves on all his children i.e., son and married daughters (i.e.,ur aunts). Your aunts will continue to have the share even if they are not staying in the house and your father and you have been paying the taxes. (Payment of taxes does not confer ownership rights to the property as advised by the experts). Hence the right step to be taken by you is to get relinquishment deeds from your aunts in ur favour and get them registered.
Kumar Doab
(Expert) 19 February 2017
Dear LCI author @ Mr. Siva,
You have posted that:
"so we can apply change in name of the property. "
The authority under whose jurisdiction property falls can enter updations in mutations records on strength of soen valid deed, say; inheritance, WILL, Gift, relinquishment, decree from court of law etc etc..............
If there is None how can the authority effect a change.
You may not try to effect change by concealing anything.
Avoid anything that can be termed fraudulent act.
Try to resolve the matter amicably and on fair terms.
M V Gupta
(Expert) 20 February 2017
For effecting change in the records of the Local authority(i.e., Mumnicipality) you will be required to produce documentary evidence of ur title to the property. For this You will have to produce death certificates of ur GF and Father and the registered deeds of relinquishment executed by your aunts relinquishing their share in GF's property in ur favor.
Kumar Doab
(Expert) 20 February 2017
Agreed with conclusion of Mr. M.V.Gupta.
Kumar Doab
(Expert) 21 February 2017
Thanks for agreeing with correct opinion and experts.
Posting agreement encourages everyone.
Kumar Doab
(Expert) 21 February 2017
@ P.S.Dhingra has been posting that Shri Kumar Doab and Shri Rajendra K Goyal, Shri M.V.Gupta, Shri Hemant Agarwal, Shri Kishore Mehta etc etc are tout of each other.
Although NO one had ever posted that by agreeing with anyone this offender and abuser Dhingra has become tout ( Dallal/Dalla) of anyone.
The weird imaginations, day dreaming, hallucinations of Dhingra knows NO LIMITS.
John P Thomas
(Expert) 22 February 2017
It is not the matter of payment of tax,but clearing the rout of succession,then go ahead>>
Hemant Agarwal
(Expert) 23 February 2017
.... quote
@ P.S.Dhingra has been posting that Shri Kumar Doab and Shri Rajendra K Goyal, Shri M.V.Gupta, Shri Hemant Agarwal, Shri Kishore Mehta etc etc are tout of each other.
.... unquote
For "thorough Professionals", TOUT'ism is not required. Whereas outside most courts in Mumbai, you will see scores of Degree-Holder-Touts AND Non-Degree-Holder-Touts, trying to self-sustain with chick-feed income, apathetically due to lack of Professionalism /ethics.
Now with the advent of "Internet" and and few websites, some Touts have creeped in by misusing Internet.
There are few so-called-Experts, who are extraordinarily ignorantly ARROGANT with an Unruly Mental Itch. Not good in a Legal Profession. Must desist from such habit-forming nuisance.
Keep Smiling .... Hemant Agarwal
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