ancestral property
4 months ago
my grand father has ancestral property which has been amicably divided between my father and uncle. Now on checking previous documents, no records of purchase has been found and we are just giving municipal corporation tax. How to get the registration done....
A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided/partitioned or sold off. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. Accordingly, you being the son of the elder daughter of your grandfather are equally entitled to claim your share in the said ancestral property. Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, in the given situation, you being a legal heir/coparcener of the ancestral property, you need to file a partition suit to obtain your individual share in the said property. Reach out to an Advocate with the property documents whatever are in your possession or accessed from the sources for guidance and steps
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided/partitioned or sold off. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. Accordingly, you being the son of the elder daughter of your grandfather are equally entitled to claim your share in the said ancestral property. Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, in the given situation, you being a legal heir/coparcener of the ancestral property, you need to file a partition suit to obtain your individual share in the said property. Reach out to an Advocate with the property documents whatever are in your possession or accessed from the sources for guidance and steps
Helpful
Helpful
Share
A.Dear Client,
As stated in facts that no registration records have been found on your ancestral property therefore you need to get it registered from scratch. People who need to register ancestral properties but unable to do so without original documents have a reason to cheer now. The Commercial Taxes and Registration Department has amended the registration rules under Registration Act 1908 by inserting Section 55A, which stipulates rules for registration of documents provided the sale deed is lost or ancestral document is untraceable.
The State government had earlier passed a circular in this regard and it has been made a legal statute now after including it in the Tamil Nadu government Gazette.Under the amendment, if a previous original deed is lost, the registering officer shall register it only on producing a non-traceable Certificate issued by the police, along with an advertisement published in the local newspaper as to the notice of loss of the previous original deed.
Similarly, if the previous original deed is not available as the property is an ancestral one, the registering officer shall not register such document, unless any revenue record is produced evidencing the applicant’s right over the subject property such as patta copy issued by Revenue Department or tax receipt.
The amendment to the property registration rules in Tamil Nadu also states that producing the previous original deed shall not be necessary where the government or a statutory body is the executant of the document or for such class of documents as may be notified by the Inspector General of Registration, from time to time.
Thankyou
As stated in facts that no registration records have been found on your ancestral property therefore you need to get it registered from scratch. People who need to register ancestral properties but unable to do so without original documents have a reason to cheer now. The Commercial Taxes and Registration Department has amended the registration rules under Registration Act 1908 by inserting Section 55A, which stipulates rules for registration of documents provided the sale deed is lost or ancestral document is untraceable.
The State government had earlier passed a circular in this regard and it has been made a legal statute now after including it in the Tamil Nadu government Gazette.Under the amendment, if a previous original deed is lost, the registering officer shall register it only on producing a non-traceable Certificate issued by the police, along with an advertisement published in the local newspaper as to the notice of loss of the previous original deed.
Similarly, if the previous original deed is not available as the property is an ancestral one, the registering officer shall not register such document, unless any revenue record is produced evidencing the applicant’s right over the subject property such as patta copy issued by Revenue Department or tax receipt.
The amendment to the property registration rules in Tamil Nadu also states that producing the previous original deed shall not be necessary where the government or a statutory body is the executant of the document or for such class of documents as may be notified by the Inspector General of Registration, from time to time.
Thankyou
Helpful
Helpful
Share
Read Related Answers
for marriage registration certificate correction .
Dear Client,
The Marriage Registration Act provides for the amendment of any information on the marriage certificate if sufficient reason and evidence is given for the same. You can file a rectificati...
Obc NCL address and permanent address issue
Dear Sir,
If you put your permanent address as Mumbai there will be no problem unless somebody known to you mischievously lodge complaint.
Regarding marriage
Dear client,
In the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the co...
Sales of my old flat
Dear client,
It is an absolute legal right of any buyer to demand for the mother deed of the property that he/she is willing to buy. As it involves a lot of risks in case if there is a dispute in the...
RESIDENTS ASSOCIATION FORMATION
Dear Client,
The maintenance and other incidental expenses are being borne by the Builder of an under-construction building. Until and unless the construction of a building is completed and the builde...
Read Blogs on Registration
Registration Lawyers
Find Lawyers by Location
