• Can I sell only mutated property

I have my grandfather property which is transfered to my father in 1960's throgh mutation process and it has records in local muncipality and it is under my father's possession. Now my father wants to sale it but buyers are asking for sale deed papers as it is old property it has no papers it has only grampanchayat ownership certificate. Plz advise me how to get papers of this property. It is not registered property.
Asked 6 years ago in Property Law
Religion: Muslim

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Firstly, every property has its record in the Tehsil.

Secondly, try to find out Tehsil of your district.

Thirdly, they would be able to give you all the details including the GRIDAWRI which contains the records.

Fourthly, that would be enough to show the exact existence of the property.

Can consult on phone for further queries.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. Well,the long possession and revenue records make a stitile perfect unless there is adverse claim in the proeprty.

2.Since it is a old property the tracing of title deed is very difficult.

3.on the basis of existing papers there is no difficulty to sell the proeprty and if the buyer frets on titile you shuldinckude a clause of indemnity in the sale deed to protect the interest of the buyer.

4.In any event you can cause searches in the local registration office to trace property papers.

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

Hello,

Yes you may get the property on the basis of the gift deed. It will be a valid transfer, mutation holds basis of the transfer

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

5.0 on 5.0

Please get the gifted property registered and you may sell the property after that.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1)how did our grandfather purchase property ?

2) he must have purchased it through regd sale deed

3) take search in sub regsitrar office and obtain copy of sale deed

4) mere gram panchayat ownership certificate is not sufficient

Ajay Sethi
Advocate, Mumbai
96205 Answers
7741 Consultations

5.0 on 5.0

1. It is but natural that any diligent prospective buyer will not buy the property unless the title of the seller is free and marketable.

2. Your father's title is not clear if there was no sale deed executed in favour of your grandfather or his father.

3. Your father is free to execute a gift deed in your favour but unless you are able to produce the title deeds the buyers may not want to buy the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can make a fresh gift deed in your name soas to make a titile deed in existence for selling the proeprty smoothly..

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

If it is ancestral property mutation in revenue records is enough for sale by proper person

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

1. For too old properties there will be no sale deed and panchayat records will be considered as " Mother Deed".

2. If the buyers want they can file a suit against you for declaration and get it declared in their name after you sell the property to them thus their ownership will be protected.

3. Your father may gift above property in your name and it will be valid gift.

Kishan Dutt Kalaskar
Advocate, Bangalore
6148 Answers
489 Consultations

4.8 on 5.0

How do you say it is your grandfather's property, is there any sale deed on your grandfather's name?

If there is no such thing then whether your father at least obtained pattadar passbook ?

Is there any pattadar passbook in your grandfather's name?

Whether your father took any initiative to obtain patta or adangal to prove his title?

What is the basis that he got the property mutated on his name, is he having mutated records on his name?

Even now he can apply for pattadar passbook from the revenue department on the basis of the revenue records held in his name.

Alternately he can file a suit for declaration to declare his title to the property on the basis of the mutation records and gram panchayat ownership certificate.

Consult a local advocate and proceed legally.

T Kalaiselvan
Advocate, Vellore
86402 Answers
2296 Consultations

5.0 on 5.0

My father want to gift me this property, on basis of ownership certificate so can he do so?? It will be valid to register??

As of now your father is not having a valid title to the property hence without marketable title on his name, he cannot be considered as an absolute owner of the property.

Therefore the transfer made to you by executing a gift deed will not be legally valid.

T Kalaiselvan
Advocate, Vellore
86402 Answers
2296 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer