FAQ ON PROPERTY REGISTRATION

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 executants. This is a
things to prevent cheating and under hand dealings at the time of selling
properties
Whether the registering office accepts document which contains
interlineations, blank erasers or alteration?
If the documents presented for registration contains interlineations 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 interlineations occurring in a document should be noted
at the bottom of the document on each page and shall be signed by the
executants before submitting the document for registration.
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.
PROPERTY
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.

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 fathers property.
The property shall be divided in to three equal parts and each of you will get
one share.
EASEMENT
There are two houses in a compound. I am staying in the house
which is behind my cousins. To reach the road we have been using
the passage that runs though my cousins property. My cousin sold
his house to another person without our knowledge and the new
owner is obstructing our passage to the road. There is no other
alternative route to the road and how can solve our problem?
The new owner cannot deny you the passage you have been using out of
necessity for a very long time without interruption. You have a right over the
passageway, even though it does not belong to you. The Indian Easement
Act says that the owner cannot take away the right of the user of the
passageway even though he is the owner of the property.
WILL
I am the only child of my parents who are not alive. By a will my
father has bequeathed to large portion of his property to me and
some to relatives. However there is no mention in the will about the
distribution of some of the remaining properties. Please enlighten
me as to what would happen to these properties?
Since the will is silent on the remaining portion of the property you as the
only legal heir are entitled to the property. It is not possible to say why the
will is silent on the remaining property. At the time of writing the will perhaps

your father was undecided on its transfer. You have not mentioned whether
he has left behind any financial liability like repayment of loans to banks and
financial institutions
By a will bequeathed my entire property to my son. After sometime I
cancelled it and wrote another will by which I gave a portion of the
remaining portion to my son. Now I want to cancel the second will
and write another will. It is necessary to register the third will? The
first two are registered ones.
It is not necessary to register a subsequent will to cancel a previous will. A
registered will can be cancelled by an unregistered will. However it is
advisable to register your latest will to avoid misunderstandings and
complication at a later date

I have a property, which I would like to be bequeathed 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 bequeath the property to your son or
his lifetime and thereafter it will go to your grandson.
GIFT
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 Mohamadean 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
mohmadean law is not valid.