Legal Question in Real Estate Law in India

Proprerty Title

My father bought a piece of land in 1969 and built a house on it. However, he got it registered under my grandmom name, who has three children, two daughters and one son (i.e. my father). Both the daughters had been married long before my father got the house built. My father passed away in 1985, however my grandmother died in 1990 - without leaving a will. Of the two daughters of my grandmother, one passed away before the house was built and the second daughter is still alive. The daughter that passed away in 1969 has two sons. In 1990, one living daughter and husband of the deceased daughter of my grandmother gave a no objection certificate stating that they have no objection to the transfer of the said property in the name of my mother. However, the no objection certificate was addressed to Nagar Palika and was not registered document. The same was verified by the inspecting officer and the property was mutated in my mother's name at nagar palika. 18 years have passed since this was done and no objections have been raised by any of the sisters or their sons to the mutation. My mother and her children have been in sole possession of the said property since my grandmom passed away. Does this guarantee my mom a clear title.

Asked on 9/29/08, 12:49 pm

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Proprerty Title

Yes, she has a clear title to the property keeping in view the mutation based upon no objection certificate and the time lapse.

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Answered on 9/29/08, 1:24 pm

Sachin Sangare Private Practise

Re: Proprerty Title

Yes, her title is clear based on the mutation entry in the land record. Also, the fact that the mutation entry was effected 20 years back denotes a undisputed right of your grandmother over the property.

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Answered on 9/29/08, 11:26 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Proprerty Title

Title can change/very only by registered document.

In the absence of any duly registered document, name of your mother appearing in the municipal council records can be construed as a person liable to pay taxes only and not as sole owner.

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Answered on 9/30/08, 3:47 am

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