3. 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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4. 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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5. 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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6. 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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7. 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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8. 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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9. 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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