(Guest)

Property transfer

1)My grand mother got a property from her Mother and the property was mentioned as non saleable gift in the deed.We have the original deed saying this.

2)She died without writing Will and her 5 children carried over the ownership of this property without any documentation or legal formalities.Grandfather died too.

3)Out of 5 children,2 daughters got married and relocated to different city raising their family.One of those sister died 10 years back leaving her family behind. 2nd daughter is still alive and living with her family.

4)Out of 3 son,one dies without marrying and left no family. 2nd son has 4 kids and 3rd Son has 5 kids.out of these 9 kids,we are three brother owning the ancestor property without any documentation/deed/will.

We want to know what are the legal options for us so that we can transfer the property in our name(3 brothers) and clear the title on ourself so that there will not be any litigation in future in case if we decide to sale or develop in partnership with builder.We want to make proper documentation of this land and then develop it for some rental income.

Its a residential property in Jharkhand,I can't provide absolute detail unless you guys can confirm that you have solution and take responsibility to execute it.Please let me know the available option and I am ready to pay the fee for a worthy discussion.

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2 Replies

raval rajesh (advocate) 10 February 2012

Mr Sam First chake 7-12 of this property who is name mantion on 7-12 if your grand mother name in this do on pedigari (Pethinamu) and this property transfar of name of all 5 children then after u made declaration of One of those sister died 10 years back leaving her family all member and 2nd daughter is still alive and living with her family with both made one declaration of the are relace his regiht from this property this entry made in 7-12 of property

Ajay (NOT APPLICABLE) 12 February 2012

Dear Sam,

from the date of "non saleable gift in the deed" one by one in chronological order you will first have to obtain Death Certificates / Succession Certificates of the all the family members mentioned by you in the sequence,and then in City Survery Office / Mamlatdar Office, as the case may be, you have to apply in the prescribed form about the change in Records of Right etc.by submitting certified true copy of relevant documents mentioned above and then the concerned officer will inquier and if satisfied will enter the names in records as desired by you.

I advise you to retain some good legal consultant, you fix his fees in advance for entire job + also make provisions for "other expenses" needed in Indian system of administrations to get your things done....all these are really very cumbersome and complex processes difficult to handle by a novice so let it be done by a good legal expert and you keep the track of the events....

Do not give Power of Attorney to any one related to your valuable property to save you from the future trouble in the matter....ALWAYS handle everything personally and keep record of every move you make !!

I am not an advocate.....please always seek competent legal advice from a trusted legal expert and do the job....

best regards,

Ajay