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Leena VM (none)     28 March 2012

Property title

Details:

1.       House property (bought/build by Grandfather’s money) was transferred to me by Gram Panchayat based on my Grandfather’s WILL in 1985.

2.       I DO NOT have copy of the Will and probate was not done at that time and the WILL was not registered.  Gram Panchayat also does not have the WILL. Basically no one has the WILL.

3.       I have copy of Gram Panchayat transfer order stating that it was transferred based on the WILL; Property tax bill and copy of Akarni register (revenue) from the government. Property tax has been paid on my name since 1985. I have receipt of last four years but do not have old ones..

4.       House is and has been empty. It is used for some occasions and summer vacations sometimes. I have allowed my brother to use it once in a while.

 

Questions:

1.       1. Are these documents good enough for me to sell the property as an owner since I cannot find any additional papers?

2.       2. Can my brother or his son or someone contest the WILL after 25+ years?

4.4.  3. Is there any way to do title search? The Village is very small and remote.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 March 2012

Dear Querist,

You are on uncertain ground. The Gram Panchayat order transferring property to your name though persuasive is by no means conclusive. Though time is certainly on your side. If other heirs object - you may have to prove the will by other means, oral testimony of attesting witnesses etc. Consult a local lawyer

1 Like

Leena VM (none)     29 March 2012

Thank you.

Do you practice in Gujarat?


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