Grandfather's name not registered on land Grandfather's name not registered on land

2 years ago

In 2014, my father inherited certain portion of a house (mutually agreed among all the legal heirs) that was built by my grandfather on the piece of land that my grandfather purchased around 60 years back. Now, when my father tried to get the land transferred on his name, he got to know that the property is not transferred on my grandfather's name. However, the records still have name of the person, from whom my grandfather purchased the land around 60 years' back. Just to note, my family have been living in that house for almost 60 years and still living in the house. Please guide me, how can the property be transferred on my father's name. And, is there anything, we should be worried about?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may file a suit for declaration or approach revenue officers to get transfer property in the name of your father. Your family as perfected title by way of adverse possession as well as by way of ownership if there are some documents having purchased the same by grandfather.

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Adv. Sarika Khude

Responded 2 years ago

A.Sometimes, the name is not transferred until and unless the mutation process is completed.
What you can do is to collect a legal heir certificate, a first class affidavit of the legal heir, collect the deed details of your property, in which it is mentioned to be as your grandfather's property.
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Anik

Responded 2 years ago

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A.Hi,
When the selling deed was signed, the mutation procedure might not have been finished. You can file an affidavit in your grandfather's name, as well as an official certification from the authorities, saying that your grandfather owns the land. You may also ask the persons whose names are listed in the paper for a No objective certificate.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
It is possible that the mutation process has not been completed when the sale deed was executed. You can seek to file an affidavit in the name of your grandfather, and an official declaration by the authorities stating the fact that your grandfather is the owner of the property. You can also seek to take a No objective certificate from the people whose name is mentioned in the document.
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Mrighankhi Chakraborty

Responded 2 years ago

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A.Hello Client,

It is necessary to determine first whether the property has a sale deed on your Grandfather's or not.
You may visit municipal, corporation, BLRO etc to determine the same.
IF you have the original sale or transfer deed in your grandfather's name then no need to worry you will be able to transfer further among the legal heirs.
Also, as you are living on the property you must have utility bills which are considered as proof.
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Advocate Simi Paul

Responded 2 years ago

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A.Dear client,

Sometimes, the name is not transferred until and unless the mutation process is completed.
What you can do is to collect a legal heir certificate, a first class affidavit of the legal heir, collect the deed details of your property, in which it is mentioned to be as your grandfather's property.
As you have not mentioned which place you belong from I am unable to suggest that whether it is a municipal , coorporation, blro etc. So if it's a coorporation one then you can get a certificate from the concerned councillor of your ward. If not so, then every state has it's own procedure to acquire such certificates.
Contact an advocate from the same, who will guide you with the necessary legal things.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to scrutinize the registered Purchase Deed of your grandfather and if there is no purchase Deed or any other supportive legal document in proof of such purchase, then your father can apply before the Court claiming adverse possession.
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Sanjay Kumar Jha

Responded 2 years ago

A.Dear concerned,
You need to contact your local Block office where Circle officer is positioned. If possible, provide proof of your existence and in possession of such land since your Grandfather and till now.
Such as municipal doc., Electricity, old tele bills, passport if any one's. Address proof . They may require an application with affidavit. If your Grand mother is alive it would be transferred first in her name and with simultaneously , providing Vanshaavali on affidavit such land may be transferred.
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