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Richa (Self)     23 May 2014

Property dispute

The said property Self Acquired by my Grandfather (A) (not ancestral) was transferred to Grandmother (B )over 40 years ago after the death of my grandfather 1973. This transfer was done with consent of all their children(xyz) and after they received their shares as stated in the will by the grandmother. No documentation is available for the transfer of property from GFather to GMother and I am not able to obtain the copies as they are no longer awailable

In 1977 my Grandmother made a will (not registered) and assigned her share of the property to my father (C). After she passed away the property was transferred to my father via mutation in 1978

My Father –C  passed away in 2007 and per his registered will the property transferred to my Mother (D) with no objection from Myself (E). I am the only child.

PROBLEM – the xyz filed a case in 2008 against my mother –D for shares in the property. NO stay has been placed – Just repeat dates with nothing happening.

How can this case be resolved? My mother – D wants to sell the property. Buyers are not agreeing to the paperwork.

Please provide the insight on best way to convince the buyers.

Kind regards



 



Learning

 3 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     24 May 2014

Dear Friend,

Mutation Entry in the revenue record is not at all a record of title and ownership it is related to determine the revenue liability only.

In your case if the property is not got transferred in the Sub-Registrar office record of property by way of the entry in Girdawari or any Title book of Property your father's claim by way of the mutation entry is not a proper claim on the property for Ownership. It has to be mentioned in the record of ownership also. .XYZ's are correct to claim on this basis.

How ever I think there must be some more facts in your case which perhaps you people are not giving much importance though these are of more valuable and important. So please do consult a good Advocate in this regard.

Dr J C Vashista (Advocate)     24 May 2014

I agree with Mr Anand Bali to the extent that mutation do not confer tiltle.

But since A (GF) executed his will and B (GM) followed in  favour  of C (Father) further executed favouring D (Mother). Therefore, D is exclusive owner/title holder and there is no impediment in selling the property.

Your mother can dispose it of (legally).

T. Kalaiselvan, Advocate (Advocate)     24 May 2014

I agree with the opinion and views expressed by learned advocate Mr. Bali on the subject, nothing more to add.


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