Gift deed from parents

If they have gifted through gift deed. It must have been already registered. If not then succession certificate would help.

Any gift deed has to be registered, failure to register will not of any use. In your case they have failed to do so. If you are the sole legal heir,and you are in possession of  legal  heir certificate you can go for mutation of property. If you have any siblings they may have issue release deed favg you or they may contest your parents intention.

1. If the stated Gift Deed executed by your father was not registered & he has demised in the mean time, then the said Gift Deed is invalid now,

 

2. If you are the only legal heir of your father, collect legal heir certificate from the Tehshilder & mutate the property in our name,

 

3. If there are other legal heirs of your father, the property will be distributed amongst them equally & they can also execute a release deed  duly releasing their sheres of the property in your favour. 

Well advised by learned advocates above, nothing more to add.  In case you find any difficulty in getting the legal formalities done, you may approach a local lawyer and get the things done in your favor.

The will copy of my parents have been registered. My brothers and sisters who had recieved a share of the property have sold it, when my parents were alive. The problem is my present neighbour [The person to whom my brother and sister have sold there property]has registered a case. I am not aware of that case and also i havent recieved any notice regarding this issue.This issue came to my notice only when i wanted the Khata Transfer.What should be my next step and how should i solve this problem without even knowing the case.

Query is full of contradictions, first u said they have left you with un registered gift deed, now u are telling they had gone for a WILL, based on that WILL your siblings got a share and they sold it to a third person and that person had sued these people which u are not aware of. How come your siblings got share, based on WILL when your parents are alive? Will comes into effect only after the demise of concerned person. So your query has lot of contradictions,and doctored facts, come out with full facts, so that we can guide u properly.

1. You are giving all contradictory and incorrect statements,

 

2. First it was an unregistered Gift Deed of your father which you changed to registered Will executed by your father,

 

3. You also stated that your siblings had sold their share of the property during the lifetime of your father, which was willed by your father to them. It is not possible for them to be the owner of their share of the property before the demise of your father,

 

4. Moreover, all the benificieries shall have to take probate of the Will to be the title holder of their share of the property,

 

5. What case has been filed by the third person has not been informed,

 

6. In absence of correct & adequate information, it is not possible to render proper advice.  

First of all i would like to apologize for the confusion,

1] My fathers "Will" is registered.

2] Including me we are 6 siblings out of which 3 are brothers and we 3 sisters. My 2 sisters have sold their share of property when my parents were alive.Sir, I would like to had one more thing, my 2 sisters sold the property through my father. As i had described the property wasnt  registered in any of my siblings name.

3] Later,after my fathers demise, major part of the area of my 3 brothers were acquired by Metro. For which, each one has got there respective money.

4] My part of the share was neither registered in my name nor in my brothers name. 3] As i mentioned earlier, my 2 sisters have sold the property to a single person Mr.X. Now, Mr.X have filled a case about sanitary problem to my fathers name, as the property is still registered in my fathers name. Now I would like to register the property in my name. What are the steps I need to follow?

{I am not sure about the exact case filled just an overview :- the property consisted of one land area with 4 houses and 3 shops. I have own 2 house and rest 2 house is owned by each of my sisters and the 3 shops are owned by my 3 brothers. All of the above had only one sanitation output. Now the case has been filled by the new owner(the person whom my sister has sold their property) about the sanitation

4] This issue came to my notice when i went for a khata transfer, as my parents are no more. I consulted a legal person, who suggested that " since the Will is registered, I need not go for registrsation . I can directly do the khata transfer".

5] My question are

a] Is registration to my name is necessary ?

b] If registration is necessary, How to go about it?

c] When i had been for khata transfer, the officer is not replying properly about the case and the necessary measure to be taken to own the property.

 D] Please suggest what should be my next step?

 

Better consult a local lawyer and take his opinion by providing him with all the details and property papers(break his head with your contradictory details) and proceed as per his advise.

1. Your deceased father had executed and registered a Will,

 

2. Apply for probate of the said Will,

 

3. Till the probate has been obtained from the Court, the willed property is not yours,

 

4. Engage a local lawyer for the purpose.