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Q & A Property

Registration in Bangalore

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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 Mohammedan 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 Mohammedan law is not valid. 

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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 executes. This is a things to prevent cheating and under hand dealings at the time of selling properties

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I have a property, which I would like to be bequeath 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 be queaththe property to your son or his lifetime and thereafter it will go to your grandson.

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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.

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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.

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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.

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Whether the registering office accepts document which contain interrelations, blank erasers or

alteration? If the documents presented for registration

contains interrelations 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 interrelations occurring in a document should be noted at the bottom of the document on each page and shall be signed by the executes before submitting the document for registration.

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