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Kasim Khan   14 May 2016

Transfer of ownership

Dear Sir,

I am new in this website and hope that i will get correct info to my query.

There is an agricultural land in the name of my father and two uncles.

My father expires and one of my uncle is paralysed and the other uncle is not keeping well.

I am from Mumbai and that land is in my native place which is kanpur, uttar pradesh.

Now i want to sell that land and so want to know the complete procedure of transfering ownership as i want to sell that land.

So please someone guide me with complete procedure.

Hope someone help me in this matter and reply soon..

Thank You..

 

 

 



Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     14 May 2016

You have to get a partition deed, with mutual consent of all sharers by an expert, register the deed, and dispose the property either within your family or outside.

adv. rajeev ( rajoo ) (practicing advocate)     14 May 2016

First of all all the legal heirs of your father's names should be entered in to the property extract and after that all the legal heirs and your uncle who is keeping well should execute the regd., power of attorney in your favor to sell the property.

Kasim Khan   14 May 2016

What is partition deed ? Who will do it ? Lawyer or some lekhpal officer ?

Is it possible that i get power of attorney for selling that land from my uncle and sell it ?

Or its important to first transfer the land in my name ?

Kumar Doab (FIN)     14 May 2016

Agreed with Experts.

A valid deed to dispose the proeprty can be signed by a person who is owner or has rights equal to that of an owner.

Thus the names of father,uncles should be in mutation record.

In UP agricultiral land is governed by UP land and Zamindari Abolition Act.

All transactions should be preferably in accordance with this Act.

Your name suggests you are Muslim.

While disposing the provisions of sect to which you belong e.g. Shia/Sunni, should also be looked into.

 

Consult an able counsel specializing in such matters and well versed with local laws.

Kasim Khan   15 May 2016

Thank you for your replies.

I just want to know whether i should consult lawyer or visit lekhpal office in which that land comes ?

Any Kanpur lawyer here ?

Kumar Doab (FIN)     15 May 2016

If you want to search in LCI databank you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.VzgPNTV97IU

 

S.N.Raj Kumar (Advocate)     16 May 2016

Mr. Kasim Khan brother, First u obtain legalheirship certificate of ur deceased father from the concerned authorities and obtain General power of Attorney from the legal heirs of ur father as well as ur two uncles ( To deal with all manners incuding sale ) thereofter u can sell the property legally.Any doubt pl.feel free to call me 09841127561/ 7598527561 ( if possible sent all documents to my email Id . I will prepare General power of Attorney and sent it to u )

T. Kalaiselvan, Advocate (Advocate)     16 May 2016

As advised by experts and other lawyers above, you first have to ascertain who all shall be the successors to the property.

Since both your uncles are alive now, you cannot take away their share of property and sell it on your own. 

In fact your father's properties also shall devolve on many more persons than you and as per Muslim personal law of inheritance, your father's share in the property cannot be taken away by yourself without giving a share to the people who are legitimately entitled to a share proportionately

You can inherit your share alone that too after proper partition, so it is better you consult a local lawyer in Kanpur with relevant papers and data to find some good solution to your problem.

Kasim Khan   17 May 2016

Thank you all for the replies.

I am going to kanpur next week and meet lawyer then i will update here regarding the progress .

 

Thank You..


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