What is the idea behind
affixing photographs for registration of property?
This has been done to avoid impersonation and fraudulent
dealings. The purchaser has to be present for the registration of property
along with two photographs. In case the purchaser is absent, he has to be
represented by the GPA holder and he must submit two photos of himself. The
vendor or vendors should be present along with his or their photographs. In
case of more than one purchaser, all the purchasers should be present for
registration with photos. Two persons must identify the executants. This is a
things to prevent cheating and under hand dealings at the time of selling
properties
Whether the registering
office accepts document which contains interlineations, blank erasers or
alteration?
If the documents presented for registration contains
interlineations blanks erasers alterations the registering officer may refuse
to accept such document for registration. Section 20 of the Indian registration
Act makes it mandatory that such interlineations occurring in a document should
be noted at the bottom of the document on each page and shall be signed by the
executants before submitting the document for registration.
Can a
document relating to an immovable property in India be executed outside India?
A document relating to an immovable property in India can
executed outside India. However, it must be presented later for registration in
India within a period of four months from the date of execution.
We are three brothers
and the youngest one ran away at the young age 13 and there was no news about him for last 14
year. We filed a police complaint and made all efforts to trace him. During
this period our parents passed away and we got the properties divided between
the two of us. Now the brother has returned and he is claiming his share. Is
there any way to solve this unexpected problem?
It seems your parents died without leaving any will. That
being so you three brothers are entitled to enjoy the property in equal
proportion. A person missing does not mean that he is dead. But according to
law if a person is missing for 12 years he is presumed to be dead. Having come
back your brother is entitled to 1/3rd share of the properties even though he
was absent from the scence for about 13 years.
Our mother passed away
in 2002. My father married again and recently he expired. We are two daughters.
How will we share the property? Our stepmother has no children.
The daughters and stepmother have equal right over your
father’s property. The property shall be divided in to three equal parts and
each of you will get one share.
There are two houses in
a compound. I am staying in the house which is behind my cousin’s. To reach the
road we have been using the passage that runs though my cousin’s property. My
cousin sold his house to another person without our knowledge and the new owner
is obstructing our passage to the road. There is no other alternative route to
the road and how can solve our problem?
The new owner cannot deny you the passage you have been using
out of necessity for a very long time without interruption. You have a right
over the passageway, even though it does not belong to you. The Indian Easement
Act says that the owner cannot take away the right of the user of the passageway
even though he is the owner of the property.
I am the only child of
my parents who are not alive. By a will my father has bequeathed to large
portion of his property to me and some to relatives. However there is no
mention in the will about the distribution of some of the remaining properties.
Please enlighten me as to what would happen to these properties?
Since the will is silent on the remaining portion of the
property you as the only legal heir are entitled to the property. It is not
possible to say why the will is silent on the remaining property. At the time
of writing the will perhaps your father was undecided on its transfer. You have
not mentioned whether he has left behind any financial liability like repayment
of loans to banks and financial institutions
By a will bequeathed my
entire property to my son. After sometime I cancelled it and wrote another will
by which I gave a portion of the remaining portion to my son. Now I want to
cancel the second will and write another will. It is necessary to register the
third will? The first two are registered ones.
It is not necessary to register a subsequent will to cancel a
previous will. A registered will can be cancelled by an unregistered will.
However it is advisable to register your latest will to avoid misunderstandings
and complication at a later date
I have a property,
which I would like to be bequeathed to my minor grandson, and not to my son.
Please let me know what should I do?
If the property is self acquired you may directly bequeath it
to your grandson through a will. Alternatively, you may bequeath the property
to your son or his lifetime and thereafter it will go to your grandson.
One of my friends who
is a muslim wants to gift his property. He has been told that under muslim law
an oral gift can be made. Can a muslim make an oral gift and how the same can
be lawfully done?
A Mohamadean can gift an immovable property by making an oral
gift provided three ingredients are satisfied. These ingredients are (a) there
must be a declaration of gift (b) there must be an acceptance of gift by the
done, and (c) the possession of the property which is the subject matter of the
gift must have been delivered to the done, where the donor and the done reside
together an overt act is necessary. Unless these three valid requirements of
declaration acceptance and possession are satisfied, an oral gift under
mohmadean law is not valid.
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