Legal Question in Real Estate Law in India

Sir I belong to a Muslim Sunni community and working in Indian Army I have married a girl from other community for which my parents were very unhappy and they gave me disproportionate share from my ancestral properties, I too kept quiet and was happy with what they have given to me this property was a hibba from my grand mom to my father and later a hibba from him to me and both hibbas are not registered. recently my father passed away, after his death all my relatives including my brothers and sisters are interfering in my family life and trying to disturb my day to day life with the intension of grabbing back my ancestral property. I have a only son of 7 yrs old I like to have your opinion to retain this property for my legal heirs or sell this property and purchase a new property for me and my family�s betterment. Thanking you Habeeb.


Asked on 7/16/13, 9:19 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.07.2013

Dear Habeeb,

Abbajaan kay dehant kay paschaat, numayana ghar kay sabhee kaagzaat ammeejaan kay naam dastakat kiye jaate hai. If by hibba, you mean a Will which your grandmother wrote in favour of your father, your grandmother's Will takes effect only when she is no more. If your father acquired the property after your grandmother's demise, and has got the title of the property transferred in his name then, your father's Will in your favour remains valid, but you will need to apply for a Probate from the Court based on your father's Will, to transfer the title of the property in your name. If by hibba, you mean a Gift Deed that your father has made in your name, then you will need to pay the prevailing Stamp Duty on the Gift Deed and get the title of the property transferred in your name. If you feel the above process is too cumbersome, you should sell the property and share the proceeds among the legal heirs.

Regards,

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Answered on 7/17/13, 2:46 am


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