On father demise apply for mutation of property in name of legal heirs
2) father cannot execute gift deed as he does not have title to land
Grama Kantam Properties - No document - Registration process
Hello, My father is having ancestral gram kantam land and a house in village in Andhara pradesh . Now he wants to pass it over to me but we dont have any documents for land , for house we got property tax paid on his name. Could you please suggest on my following queries ? 1 ) What are the ways to pass/register land on my name (son) if we dont have any documents ? 2) How can my father gift register Grama kantaam(having property tax bills) house to me? Thank you
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
- If your father has got that property after partition from the ancestral property , then he can transfer the same in your name , after writing a Will or Gift deed during his life time .
- But, if that property is till now undivided , then he cannot transfer the same to you , as all his legal heirs /i.e. wife & children having right over that property .
- Further, if he can get the details or documents of that property from the office of Registrar .
- Further, payment of property tax not make a person owner of the property.
Hi, ask your father to executed Gift Deed in your favor and same has to be registered before the Sub-Registrar. The Sub-Registrar will not ask for any documents. Further, the property is an ancestral property you will not get any documents. Yours father has paid the tax and he is in continuous possession of the same and it is sufficient to prove his ownership.
1. Without any documentary evidence to prove his title to the property he cannot transfer the property to anyone.
By possessing the tax receipts he can file a suit for declaration if he is in possession of the property by more than 30 years, to declare the title on his name by operating the law of adverse possession.
2. He may follow the above procedures and get his title declared first after which he can transfer the property legally to your name.
Hi
By default all gram kantam lands belong to gram panchayat vide section 58 of Andhra pradesh panchayat raj act.
However, many people who were farmers prior to / post independence had constructed pucca houses and also have been cultivating their land and have become owners of the same by virtue of possession.
Since you have property tax being paid on his name, you should check whether there is any patta/ROR issued by MRO to your grand father.
If there is NO patta/ ROR, then you should approach the Collector/RDO and have a patta issued in your father's name and thereafter your father can execute a registered gift deed in your favour.
Also as an alternative, you and your father can also apply for Patta/ RoR to the collector/RDO and thereby transfer the ownership from government to you and your father.
Hope this information is useful
You can transfer the same through gift deed.
Dear sir,
it is advisable that you get an affidavit from the village regarding the property and that it belongs to the father. you can include the bills of the taxes paid so far. the bills indicate that the house belongs to your father as you are paying tax over it.
You can also make some witnesses sign the documents which confirm that the property belongs to the father. only then the property can be registered or gifted.
