What is title verification

In the context of real estate, the Title basically refers to the rights arising out of lawful ownership of property. A clear title is conclusive proof of ownership. So whenever a real estate transaction takes place a thorough title search is done to ensure clear and marketable title because a defective title may land you in legal and financial trouble.

Title verification is a process of checking and verifying property documents for ascertaining the legal ownership of property and determining any defects in the title of the property. Generally, title verification is conducted by a real-estate attorney or a professional title search company and after that a report called ‘Abstract of Title’ or ‘Title Search Report’ is produced on the basis of verification.

Generally, a title search is conducted for a time period ranging from twelve to thirty years, which can be extended or reduced as per the objective of the party and nature of the transaction.

Extent of title verification

In order to determine the extent of investigation it is necessary to understand the nature of the transaction. It can be divided into –

1. Full search
2. Limited search

For transactions such as sale and long term lease, a full search is conducted for a period not less than thirty years. For full search, every aspect of the history of the property in question like flow of ownership rights, encumbrances, litigation status is searched and scrutinized in detail.

Whereas in case of transactions like short term leave and license, a limited search restricted to fifteen years is sufficient. Its scope is limited to recent transactional history, encumbrances and disputes only. Because in these transactions title ownership doesn’t hold much importance if any dispute arises afterwards the licensee can directly vacate the property.

What needs to be checked and verified.

• Ownership details

It is absolutely necessary to verify that the transferor is the real owner of the property and has clear and marketable right with respect to the property. This can be ensured by checking the original property-related documents and verifying if they correspond with public records held by the local authorities.

This includes every document evidencing the ownership and transfer of title such as sale deed, conveyance deed, gift deed, will documents, deed of partition etc. and if the sale is made by a person holding power of attorney, such power of attorney must be inspected carefully.

It should also be checked and verified whether these documents are stamped and registered properly.

• Chain of title

It is very usual that a property might be transacted and changed hands multiple times before. Therefore, Title verification not only includes checking and verifying the title of present owner but past owners also. A chain of title means the historical record of title of the property. For that purpose, inspection of the chain starts from the present owner and ends at the original owner of the property. All the documents starting from mother deed to the latest link deed must be scrutinized.

For example – property you are buying from existing owner A is bought from B through general power of attorney. B purchased it from C through a sale deed and property was gifted to C by D.

In this example, property was transferred four times and you need all four property documents for title verification which are called as link documents.

If the chain of title is complete then the clear title will delegate further. But if the continuity link is broken in between, it is a major red flag as there is a cloud on the title and it is not advisable to proceed with the transaction.

Generally, people tend to rely on the documents provided by the seller but it is always advised to get the certified copies of all the link documents and deeds from the Sub-Registrar office to know the legality of documents.

• Derivation of title

It is important to understand in which manner the transferor has derived title with respect to said property. Usually a title is derived by virtue of –

1. Sale or purchase
2. Gift
3. Will or inheritance
4. Lease
5. Partition

In such cases, all the relevant documents giving effect to transferability of property must be verified for legality and reviewed if they are properly stamped and registered. Such documents include registered sale deed, conveyance deed and title document of present and previous owners, gift deed, will documents, lease deed, deed of partition etc.

• Nature of the right of the transferor

Right of transferor in regard to ownership of property can be absolute or limited. Ownership is said to be absolute when possession, enjoyment and disposal rights are vested in the owner without any restriction otherwise it is said to be limited. In order to execute a valid transfer, absolute right to dispose must be vested in transferor.

So while doing title verification it is pertinent to inspect the nature of the right of the transferor. It helps us to know if the said property is transferable and the transferor has absolute right to transfer the property.

Record of Rights and Mutation records can be a promising source for verification as these documents reflect the nature of the right of the transferor with respect to said property.

• Legal competency of the transferor

While conducting title verification it is necessary to ensure the legal competency of the present owner and former titleholders of such property. They must be major and sound mind in order to execute a binding contract of sale or purchase or any other form of transfer of immovable property such as lease or mortgage.

If not, the transaction will not take place without the prior permission of the competent authority. For example, if the transferor is Hindu then according to the Hindu Minority and Guardianship Act, 1956 permission of guardian as appointed by the competent court is necessary for a valid transfer.

Therefore, it must be checked that the transferor has authority to carry out such transfer and is legally competent to enter into a contract.

• Nature of property and land use

During title verification, it is necessary to ascertain the nature of the property, whether it is government-owned or privately owned.  Any property which is under acquisition of government cannot be further transferred or alienated without the prior permission of competent authority otherwise such transfer will be void ab initio.

Further, as per land use property can be divided into two broad categories i.e. agricultural land and non-agricultural land. While conducting title verification it is necessary to determine the land use or status of said property whether it is agricultural land or non-agricultural land. If it is non- agricultural land then it should be further classified as residential or commercial, institutional, industrial etc.

Because knowing the land use pattern will help the buyer to determine the utility of the property. For example- only non-agricultural can be used for residential purposes. If on verification it is found that property in question is classified as agricultural land then you have to apply for the conversion of land with an authorization to use it for residential purposes. If the conversion is permitted, then only it is advisable to proceed with the transaction.

This information, particularly known as Khata Extract, can be derived from the assessment register maintained by the local municipal authorities.

• Development and construction

If the property has some developments or construction, it adds up a few steps to title verification. It must be checked that the construction is in adherence to the building plan and sanction plan in the same manner as prescribed and passed by the municipal authorities.

In addition to this, builders are required to seek various permissions and approvals with respect to infrastructure and utility facilities like water, sewage, electricity, environment compliance etc.

If it is ready to move-in property, you should also check occupancy and completion certificates. Further, you should also check the Khata certificate. As a matter of practice, when a new property is registered a Khata number is allocated and Khata certificate is provided which states that the property ‘xyz’ is in the name of person ‘abc’. Khata certificate is essential for getting water and electricity connection.

Therefore, while conducting title verification it is advised to determine whether all the local construction rules were followed and complied with or not.

Further, if the property is under construction stage it is important to scrutinize following aspects –

1. You must ascertain if the developer is the owner of land itself or he has entered into a joint development agreement with the landowner. In case of latter, a power of attorney must be executed between the landowner and developer, which must be scrutinized while conducting title verification.
2. It must be ascertained that the builder is complying with all the local construction and safety rules.
3. It is also necessary to determine if the builder had sought all the necessary permissions, authorization and approvals.
4. You need to ascertain if the construction is in compliance with the sale agreement.

• Encumbrances

Sometimes property can be used as collateral to take loans. It creates an encumbrance charge over the property which means property is subject to lien or mortgage and cannot be transacted further without the prior permission of the lender.

Identification of encumbrances, charges, liens or mortgage is very important because such defects can adversely affect the title of the property. So, while conducting title verification it is advised to get records of property examined at the office of sub-registrar in order to ensure that there are no registered encumbrances, charges and mortgage in favour of any person, bank or financial institution.

It is also important to inspect if there is any lien on the property. For example there can be any loan and tax dues, municipal lien, mechanic’s lien, housing society claims regarding maintenance charges etc. However, presence of these liens doesn’t mean that these agencies can sell the property but they have a charge on the property which means whenever the property will be sold they have a right to be paid with the proceeds.

After examination a no-encumbrances certificate can also be obtained from Sub-Registrar or Tehsildar or other relevant authority.

Also, there can be some unregistered mortgage, so in order to minimize risk original title documents must be inspected carefully.

Similarly, if the property belongs to the company, the examination of encumbrances must be done with the Registrar of companies by inspecting CHG-1 form. Same can also be reviewed by doing a search on the website of the Ministry of Corporate Affairs.

However, with the emergence of digitalization assessment of encumbrances can be done online using the official website of the concerned registration department by entering valid credentials of property. For instance, if the property is in Delhi, link given below can used to check the status of encumbrances charges over the property – https://doris.delhigovt.nic.in/

• Litigation

It is also important to ascertain that there is no pending litigation having the said property as subject matter. It can be determined by conducting a search in civil courts under whose jurisdiction the said property lies.

Seller of the property could also be asked to furnish the information regarding any pending litigation as he is bound to provide so according to Section 55 of the Transfer of Property Act, 1882 which says that the seller is bound to disclose any material defect on the property and he is also liable to answer all such question put to him by the buyer of the property in relation with title of the property.

In order to minimize the risk further a representation can be made in the transaction document asserting that there are no encumbrances and pending disputes, and then imposing a liability on the seller itself in case there are any.

• Restrictions and allowances

1. Real covenants on the property – Every housing society has some bye-laws to follow. Such bye-laws enumerate the restrictions and allowances with respect to construction on the property.

For example, bye-laws of the society may not be allowing you to cover the balconies and open spaces or you may be required to follow a specific construction plan or there might be some parking restrictions which are to be considered before investing in property.  So, these bye-laws must be scrutinized while conducting title verification.

2. Easementary rights – Easement basically means Right to way. It is possible that owner may have provided a right to way to adjacent property or sometimes there can be easements created for utility services like a portion of property may have been reserved for installation and repair of water and sewage pipelines, electrical cables etc. which have to be looked upon while conducting title verification.

• Public notice

Considering the fact that some transactions remain unregistered and remain masked even after due diligence therefore to be discreet it is always suggested to publish a public notice in at least two local newspapers for inviting claims and asking objections with respect to property in question. On so forth, if any dispute arises afterwards such publication will endorse genuine and legitimate title ownership of the buyer in question.

Notice must contain the details of the property and name of both the parties to the transfer, and an appropriate time frame must be given to raise objections.

Other than the points enumerated above, it is always advised to physically survey the property in question, it will provide the ground image of survey plan and also determine the exact location, dimension and area and other particulars of the property and it will also highlight if there are any encroachments over the property. Physical survey will also help you to check if there are any easements which are not reflected in the records.

What is a search report

Following the above mentioned key-points title verification is conducted and on the basis of findings of title verification a Search Report is formulated. Basically, title verification is a process and result of which is concisely inscribed in a Search Report.

Title Search Report contains a historical record of the title of the property and gives accurate legal description of property as to how the property is transacted over a period of time and whether there are any risks involved in the transaction, which may adversely affect the title of property, so that you are sure that you are investing in a legitimate property.

What should it include

 A Search Report must cover the following points –

1. Firstly, the search report must specify the details and particulars as to location, measurements, area of the property.
2. It must elucidate who is the owner of the property whether it is individual, company, trust, or other legal person. It should also include a legal opinion on the issue- how the legal personality of the owner will impact on the title of the property.
3. It must include a table of scrutinized records, deeds and documents and the documents which are verified by the authorities must be outlined.
4. It must clarify the nature of the right of the transferor, if it is absolute in terms of enjoyment, possession and disposal or not.
5. It must specify if there is any charge or dues or lien on the property.
6. It should specify if the property in question is subject to mortgage.
7. It should inform if there is any kind of encumbrances upon the property for example unpaid tax mortgages, unpaid loans etc.
8. Search Report must specify if there is any third party interest on the property.
9. It must elucidate if the property is the subject matter of any ongoing litigation or if it is in the process of acquisition by the government.
10. At last, it must conclude that if the title of the property is clear and marketable.
11. Further, any specific advice, comment or opinion can also be inserted in conclusion.

Who needs a title search report

It is clearly true that Title Search Report is very important for any prudent buyer in order to ascertain if the property is fit to buy or not. But it will be wrong to assume that the usefulness of title search report is limited to an individual in any sale and purchase transaction.

In the modern scenario, real estate transactions are a staple and indispensable part of various realms and so is the need of Title Search Report. So, let’s see who mainly needs a title search report –

1. Investors: Real estate sector is very lucrative from the point of view of investment because it provides higher return in the long run. Further, real estate investments are capital intensive therefore, one needs to be extra diligent while entering into such transactions.

And now as per FEMA (Non-Debt instrument) Rules, 2019 NRI/OCIs are also permitted to invest in immovable property in India which includes both residential property as well as commercial property. Since, they are living far away and not aware of ground realities of a property, they are more prone to title frauds.

Therefore it is also advised to conduct a Title Verification before investing in real estate.

2. Companies: Many a time companies need to enter into real estate transactions for various purposes. These transactions include – lease, leave and license transactions, or buying an immovable property for a project development etc. Therefore, they also need to conduct a title verification may it be full search or limited search as per the requirement and nature of transaction.
3. Banks, financial institutions and other Private lenders: Banks, Financial Institutions and other Private lenders are in a practice of providing loans against the immovable property as collateral. But if the borrower does not hold a marketable title against such property then the purpose of keeping it as security will be defeated. So, it is very important for them to check whether the person seeking loan has a clear title against the property held as collateral before sanctioning and disbursing the loan. Although, they have a reliable robust network to do the same.

Conclusion

A property derives its value from the title itself. A property with a defective title holds no value, only a clear title can set a seal on the fact that you have an explicit right to own the property and sell it further.

So, while investing money into real-estate it becomes crucial to scrutinize whether or not you will have a clear marketable title, which determines that ownership rights are free from any doubts, risks and clear of any kind of claims, encumbrances and defects.

A clear and marketable title can only be acquired when the transferor of the property has a good title to it. So, it is always suggested to conduct a Title Verification before executing any agreement in relation to real estate and immovable property. In order to do so you need to check and verify various records and documents pertaining to property in question. (Here) is the document checklist to assist you in Title Verification.

SC stays HC decision barring aided school teachers from contesting polls

The Supreme Court on Thursday stayed a Kerala High Court decision barring aided school teachers and non-teaching staff from contesting Assembly elections or engaging in political activities.

A Bench led by Chief Justice of India Sharad A. Bobde issued notice to the Kerala government while staying the judgment pronounced by the High Court in February.

The High Court had declared Section 2 (IV) of the Legislative Assembly (Removal of Disqualifications) Act of 1951, which allowed aided school teachers to become legislators, as unconstitutional.

Petitioners in the High Court had challenged the 1951 law, saying their participation in politics would affect the quality of education. They had argued in the High Court that since Kerala Government Servants Conduct Rules prohibits government school teachers from taking part in political activities, the rule should extend to aided school teachers also. The petitioners had argued that classification of teachers was unreasonable.

The government had however contended in the High Court that as per a government order issued in 1967, the teachers of aided schools had political rights. There were no Rules or Act prohibiting them from not participating in political activities or contesting the elections. Besides, special leave without pay could be granted to aided teachers elected to local bodies and Assembly.

What are the property rights of a daughter in Islam

Under Muslim Law , there is no distinction between ancestral or self-acquired property. ... Hanafi: Under Hanafi School, daughters do not have any right in the property of her father. It recognises only those heirs whose relation to the deceased is through male.

Under Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it as and when she wants.

She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle. 

  if the properties are in your father name registered then without consent of all legal heirs they can not transfer Or sell. 

2) if you know plot number or door number,survey number then you can obtain online Encumbrance certificate. 

3)As per Shariah law if father died property will be divide among as per Shariah rules,The male takes a share equal to that of two females. 

4) Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisaa’ 4:11]

5)  you can obtain fatwa from your jurisdiction mufti ulema for partition of said property of your deceased father. 

6)  try to settle dispute amicably through Mufti or any Mediator who know about Shariah law. 

 

Examining A Muslim Woman's Right To Property

Every religion practiced in India is governed by its respective personal laws – which includes property rights as well. However, Muslims in the country do not have codified property rights and are broadly governed by either of the two schools of the Muslim personal law – the Hanafi and the Shia. While the Hanafi school recognises only those relatives as heirs whose relation to the deceased is through a male. This includes son's daughter, son's son and father's mother. The Shia school, on the other hand, favours no such discrimination. This means that heirs, who are related to the deceased through a female are also accepted.  

The need to re-examine to the Muslim personal law

In a recent development, a public interest litigation has been filed asking for an amendment in the Muslim personal law on inheritance, alleging that Muslim women are being discriminated on the issues relating to sharing of property in comparison to their male counterparts.

The petition claimed that a bare perusal of the law shows that a wife should receive 1/8th of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to 1/4th of the property. A daughter will receive half of the share of a son. In stark contrast, the men receive 1/4th of the property of his wife on her death if they have children. In case there are no children borne out of the marriage, he is entitled to half the property. A son receives double the share of the daughter, the plea alleged.

The petition further states that the discrimination based on customary law as well as the statutory law violated Muslim women's fundamental right to equality enshrined under Articles 14, 19, 21 and other relevant provisions of the Constitution. The plea contended that Article 13 of the Constitution included personal laws, including Muslim personal laws.

The Delhi High Court has now sought the Centre's response on the PIL filed by advocate Raghav Awasthi.

MakaaniQ elaborates a few general rules of inheritance for women under the Muslim personal law:

What are the property rights of a daughter in Islam

Under Muslim law, the rules of inheritance are rather strict. A son takes double the share of a daughter, on the other hand, the daughter is the absolute owner of whatever property she inherits. If there is no brother, she gets half a share. It is legally hers to manage, control, and to dispose it as and when she wants.

She is also eligible to receive gifts from those she would inherit from. This is contradictory because she can inherit only one-third of the man's share but can get gifts without any hassle. 

Also Read: Interpreting SC Order On Women's Right To Ancestral Property

Till a daughter is not married, she enjoys the right to stay in her parents' house and seek maintenance. In case of a divorce, charge for maintenance reverts to her parental family after the iddat period (approximately three months) is over. However, if her children are in a position to support her, the responsibility falls on them.

What are the property rights of a wife in Islam

In the famous Shah Bano case, the Supreme Court had held that in case of a divorce, it is the responsibility of the husband to make reasonable and fair provision to maintain his former wife even after separation under Section 3 (1Ha) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This period extends beyond iddat as the woman retains control over her goods and properties.  

Also Read: Does Conversion To Another Religion Affect Your Rights On Ancestral Property?

In the event of the death of her husband, a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children) . If there is more than one wife, the share may come down to one-sixteenth. 

What are the property rights of a mother in Islam

A Muslim mother is entitled to inherit from her children if they are independent. She is eligible to inherit one-sixth of her dead child's property if her son is a father as well. In the absence of grandchildren, she would get the one-third share.

Also, if a mother inherits property from any relation, she becomes the absolute owner of her share and can dispose it at her own will. She cannot give away more than one-third share of her property and if her husband is the only heir, she can give two-third of the property by will.

There are other provisions, too, in the law that ensure financial security of a Muslim woman.

What is the maher (entitlement) under Islamic law

Maher is the total money or property that a wife is entitled get from her husband at the time of marriage. There are two types of maher: prompt and deferred. In the former case, the amount is given to the wife immediately after marriage; in the latter, the amount is given to the wife when her marriage has ended, either upon the death of her husband or by divorce.

What is the wasiyat (will) under Islamic law

A Muslim cannot give away more than one-third of his/her total property through a will. In circumstances where there are no heirs in the estate as prescribed by the law, the wife may inherit a greater amount by will. 

What is the hiba (gift)  under Islamic law

Under Muslim law, any type of property may be given as a gift. For a gift to be valid, a declaration of the wish to make the gift must be made which should be accepted by the receiver. 

Indian Muslims are governed by their personal law or the Muslim Personal Law (Shariat) Application Act, 1937. The law related to inheritance among Muslims is derived from the religious scripture, the Quran (Sunna), the consensus of the learned men (Ijma) and the deductions from principles and what is just and right (Qiya). In the absence of a will, the law of succession for Muslims shall be as per the Shariat. However, if the deceased had made a will, it shall follow the Indian Succession Act, 1925, in the case of immovable property in West Bengal, Mumbai or Madras jurisdiction.

In this article, we are going to focus on the Muslim woman’s right to property. For this, we also need to understand some of the key characteristics of inheritance and succession rules among Muslims.

Muslim inheritance law

Inheritance only after death: Among Muslims, only after death of a person, the inheritance factor emerges. No person can inherit the property belonging to a person who is still alive. The Muslim law does not acknowledge the ‘right by birth’ that exists in the Hindu law.

Treatment of property: There is no distinction between movable and immovable property or corporeal and incorporeal property. All of the deceased’s belongings are meant for inheritance.

Volume of inheritance: The exact inheritance is determined only after the deceased’s debts, legal expenditure like will, etc. and funeral expenses, are paid off.

Nature of property: The Muslim law does not distinguish between self-acquired property and ancestral property. Both are treated equally and are open for inheritance by the legal heirs.

Types of heirs: There are two types of heirs – heirs or sharers and reliquaries (beneficiaries of residual share of property). Sharers include the husband, wife, daughter, daughter of a son (or a son’s son or a son’s son’s son), father, paternal grandfather, mother, grandmother on the side of the males, full sister, consanguine sister, uterine sister and uterine brother.

Property rights: Inheritance is not a birthright. It is believed among Muslims that there can be no heir to a living person.

Muslim women and inheritance 

Both men and women are equal as per the law of inheritance and there is no preferential treatment imparted to either. However, the property share of men is double the share of women. The understanding is that women, upon marriage, receive Mehr (money or possession given by the groom during the marriage). She is also maintained by the husband while her brother is totally dependent on the ancestral property and therefore, her share is halved.

According to the law, men have the responsibility to provide for their wife and children. A husband must provide for his wife, even if she is wealthy enough to maintain herself. In short, women can receive an inheritance, not only as daughters but as wives and mothers too. She need not spend her wealth on the household either.

Property rights of Muslim widows

If a Muslim widow is childless, she is entitled to one-fourth of the property of her deceased husband. As mentioned earlier, the exact volume of inheritance is determined only after the deceased’s loans are paid off (if any) and his funeral expenses are met.

If the widow has children and grandchildren, her share of the property is one-eighth of the deceased husband’s property. If there is more than one wife, this share may come down to one-sixteenth.

If the marriage took place when the husband was ill and in case the marriage is not consummated and if subsequently, the husband dies, the widow is not entitled to any share in his property. However, if this man who was ill, divorced the woman and died thereafter, the widow would be entitled to a share till she remarried.

 

Muslim woman and her right to Mehr

The Quranic right of dower or Mehr defines their right to property. The husband, during marriage, pays (in cash or as property), or promises to pay a Mehr. A Mehr thus constitutes a woman’s property and she may use it in the way she wants. It is meant for the future security of the woman and she has the right to ask for a reasonable Mehr.

The Mehr does not belong to a married woman’s parents or guardians and therefore, this cannot be inherited by others. A husband may give a property entirely to his wife as Mehr. The house or its monetary value is, thus, the woman’s property alone. If the Mehr is not provided by the man, the woman may even deny marital obligations or even refuse cohabitation.

Only if a woman transfers her share can her husband, parents or others, claim it lawfully.

 

Muslim woman’s property rights after divorce

• If the woman has a deferred Mehr, she will have all rights upon it after the divorce.
• If the woman is divorced and has a minor child, she can ask for maintenance from her former husband under Section 125 of the CrPC, until she remarries.

As per the Shariat, accepting or even offering maintenance after divorce is not legal. However, the Indian legislature had passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which provides for a reasonable and fair provision of maintenance within the iddat period, maintenance for children, amount of Mehr, as well as all properties given at or after marriage.

Muslim woman’s rights over her children’s property

• If a woman’s son (who in turn should also be a father) dies, the woman (mother) is entitled to one-sixth of her deceased son’s property.
• If the deceased son did not have any children of his own, his mother’s share would be one-third.

 

The role of a will in a Muslim’s inheritance rules

A will is called ‘wasiyat’ and it can be made in favour of anyone but it should not give away more than one-third of the testator’s property. Beyond this, the consent of the legal heirs would be taken into account.

Also, note that in case the wasiyat is made by a Muslim who has married under the Special Marriage Act, 1954, the wasiyat will be regulated by the provisions of the Indian Succession Act, 1925 and not by the Shariat.

If the testator was a Muslim when he created the wasiyat but renounced Islam thereafter and was practicing a non-Islamic faith, his wasiyat will still remain valid.

If the testator attempted suicide, his wasiyat would be treated as invalid. It is also important to note that both Shia and Sunni laws treat this matter differently.

The consent of the legatee to accept the wasiyat is important, prior to conferring the property on him or her. If he or she does not wish to accept it, the will is invalid. Whether the legatee is competent is also studied. The legatee can be a minor, follower of a different faith or even mentally challenged – this does not deprive of him or her of being a beneficiary.

A wasiyat may be oral, written or even made through gestures, in case it has been made by an ailing person.

 

Muslim woman’s right to property for child in her womb

A Muslim woman’s child in her womb is an eligible heir for the property if it is born alive, as it is considered as a living being. However, if the child in the womb is not born alive, the share is null and void and it is considered that there never was any heir.

 

FAQs

What type of distribution of property do Shia Muslims follow?

Commonly called the ‘per stripe’ way of distribution of property, Shia Muslims divide the inheritance among a branch of the family.

Do Muslim men have an upper hand in succession than women?

Quranic interpretation shows that both men and women are equal. However, various interpretations may have dissolved this understanding. Hence, it is sometimes felt that Muslim men may have an upper hand. As per the inheritance rules, a son’s share is double that of his sister, because the sister is also entitled to a Mehr through her marriage.

Which law governs Muslim inheritance?

The Muslim Personal Law (Shariat) Application Act, 1937, governs inheritance of properties among Muslims.

What is a wasiyat?

A will made by a Muslim is called a wasiyat.

Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019.

Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019. Sc has clearly said that GPA method for transfer of immovable property is not valid. The power of attorney cannot be used as an instrument of transfer any ownership/ title.

[14/09, 6:36 pm] Leslie Boby Adv: Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019. Sc has clearly said that GPA method for transfer of immovable property is not valid. The power of attorney cannot be used as an instrument of transfer any ownership/ title.

[14/09, 6:36 pm] Leslie Boby Adv: It held Supreme Court such of transfer of GPA through will not be treated as complete transfer .The transfer can be  done only thourgh registered sale deed .No other can be recognised.Power attonery is not an instrument of transfer in regard to any interest, ownership of immovable property..If, you have GpA right now.It mean you have the possession with you.You can enjoy it.Still you will not be considered a owner of property.So,in case the owner  file a case against you .The owner will have a stronger case and holder of power of attorney will suffer lose.There only two things.

1he can go for specific performance of transaction 

2 he can defend the case 53A transfer of property act .But ultimately.GPA holder know that they will only enjoy the possession .They will never be declared owner property ..See maximum you can do transfer it through registered sale deed and no other option .

[14/09, 6:40 pm] Leslie Boby Adv: People are using at their own risk general power attorney .Because if they come to court and ask for ownership on basis of gPA .they will have 100% lose in the case

[14/09, 6:43 pm] Leslie Boby Adv: There was judgement of Delhi HC in case Suraj lamp industries after which registered GPA practice stopped in Delhi.As per registration act GpA does not give any right of transfer of the property.It merely a act  as care taker of property.

[14/09, 6:43 pm] Leslie Boby Adv: Suppose , the  agreement sale taking place in 2003/and possession of property remain with buyer.Then, you go for specific performance

[14/09, 6:49 pm] Leslie Boby Adv: Unfortunately, There few more factor or arrangement done with GPA

1 registered joint development agreement along with GOA

2 registered sale agreement coupled with GPA

3 registered GPA along with consideration (100%payment made and stamp duty paid completely but not exceed sale deed cos of some pending documentation of revenue

Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019. Sc has clearly said that GPA method for transfer of immovable property is not valid. The power of attorney cannot be used as an instrument of transfer any ownership/ title.

[15/09, 3:12 am] Leslie Boby Adv: The government realized properties were being bought and sold through GPAs and no stamp duty was being paid on these transactions. To stop this and boost its revenues, in 2004, the Delhi government made it mandatory for GPAs to be registered at 90% of the stamp duty rate applicable to sale deeds. It made it clear the GPAs that are not registered will have no legal validity.

What has the Supreme Court done?

In October, SC ordered that no further transfer of property should be allowed through GPAs. Most states banned the use of GPAs for this purpose soon thereafter. But the Delhi government passed an order to this effect only last week.

[15/09, 3:12 am] Leslie Boby Adv: What effect will this have?

For the future, it means properties that cannot legally be sold will become truly immoveable. As for the past, transactions for properties in Delhi for which GPAs have been conferred since October 11, 2011, become null and void for legal purposes.

How to transfer property in mother's name after father's death?

Since your father had died without leaving any WILL, his property will go in equal share amongst his Class-I heirs viz., his widow (i.e. your mother), his children and also his mother (in case she is alive).

First, one has to obtain legal heir certificate from the Tehasildar by submitting a detailed application indicating all the Class-I heirs left behind by the deceased, their age, their relationship with the deceased (i.e. wife, son, daughter, mother etc.). The said Application should be accompanied by the Death Certificate.

After making enquiries, the Tehasildar will issue the legal heir certificate.

On the basis of the said legal heir certificate, the legal heirs have to approach the Authorities for mutation of the property in their name.

However, you want that the property should be registered in your mother's name. For this, all the other legal heirs have to execute a Registered Relinquishment Deed relinquishing their respective shares in the property in favour of your mother. The Relinquishment Deed will involve very small stamp duty and registration fee.

Once such a Relinquishment Deed is registered, then your mother can approach the authorities along with the legal heir certificate and the Relinquishment Deed for getting the property mutated in her name.

How to remove dangerous tree u/s. 133 CrPC

Section 133(1)(d) of the Code of Criminal Procedure, 1973 provides that whenever a District Magistrate, a Sub-divisional Magistrate or other executive Magistrate, on receiving the report of a Police officer or other information and on taking such evidence, if any, as he thinks fit, considers that any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, or support of such tree is necessary, such Magistrate may make a conditional order requiring the person owning or possessing such tree to remove or support such tree within a time fixed in the order or to appear before him or some other Executive Magistrate subordinate to him at a time and place to be fixed in the order and to show cause why the order should not be made absolute.

Dangerous Tree

The Magistrate should record the evidence to find out as to whether the trees were in such a dangerous condition as to attract the provisions under Section 133(1)(d) of the Code. When no evidence was recorded by the Magistrate as mandated under Section 138(1) of the Code before making the conditional order absolute, the order cannot be said to be legal, proper and correct.

Even if the danger is to a single person due to the falling of the tree, the provisions of Section 133(1)(d) of the Code will be attracted. When there is no element of public nuisance the Magistrate had no jurisdiction to pass the order under Section 138 of the Code.

The Kerala High Court in Annakody v. State of Kerala, 2015 (4) KHC 892 held that it is clear from sub section (1) of Section 138 Cr.P.C. that if the person against whom an order under Section 133(1) Cr.P.C. is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons case before making the conditional order absolute with or without modification, as provided under Section 138(2) Cr.P.C.

The site inspection by the Assistant Collector or even the learned Magistrate himself cannot be a substitute for taking the evidence as mandated under Section 138 (1) Cr.P.C. The report of the Secretary of Grama Panchayat or the Pollution Control Board cannot also be a substitute for taking the evidence as mandated under Section 138(1) Cr.P.C.

കച്ചവട സ്ഥാപനങ്ങളിലുള്ളവർക്ക് തന്നെ ഇനി മുതൽ ചരക്കിറക്കാം: സുപ്രീം

*കച്ചവട സ്ഥാപനങ്ങളിലുള്ളവർക്ക് തന്നെ ഇനി മുതൽ ചരക്കിറക്കാം: സുപ്രീം കോടതി*

കച്ചവട സ്ഥാപനങ്ങളുടെ ചരക്ക് വിതരണ വാഹനങ്ങളിൽ നിന്ന് ചരക്കിറക്കാൻ ചുമട്ടു തൊഴിലാളിക്കല്ല,  അവിടുത്തെ ജീവനക്കാർക്ക് തന്നെ. ജീവനക്കാർക്ക് ചരക്കിറക്കാൻ അനുമതി നൽകുന്ന ഹൈക്കോടതി ഉത്തരവ് ശരിവച്ചു.

ഓരോ പ്രദേശത്തെയും കച്ചവട സ്ഥാപനങ്ങളുടെ വിതരണവും ചരക്കിറക്കും അതാത് പ്രദേശങ്ങളുടെ ചുമട്ടു തൊഴിലാളികൾക്കാണെന്ന ചുമട്ടു തൊഴിലാളി ക്ഷേമബോർഡിന്റെ വാദം പൊളിച്ചു കൊണ്ടുള്ളതാണ് സുപ്രീം കോടതി വിധി. 

2016 ൽ ജീവനക്കാരെക്കൊണ്ട് ചുമടിറക്കാൻ അനുവദിക്കാതെ തൊഴിലാളി യൂണിയൻ ഇടപെട്ട വിഷയത്തിന്റെ തർക്കമാണ് സുപ്രീം കോടതി വരെ എത്തിയത്. മാത്രമല്ല കേരളത്തിന്റെ വിവിധ ഭാഗങ്ങളിൽ വ്യവസായ സ്ഥാപനങ്ങൾക്ക് വലിയ തല വേദനയായി മാറിയ നോക്കു കൂലി വിഷയത്തിനും ഇതോടെ അന്ത്യമാകുമെന്നാണ് കരുതുന്നത്. 

കേരളത്തിൽ ഒരു ലക്ഷത്തോളം ജീവനക്കാരാണ് ചരക്കു വിതരണവും ലോഡിംഗ് ജോലികളിലുമായി ഉള്ളത്. ഇവർക്ക് താങ്കളുടെ തൊഴിലിനു തന്നെ ഭീഷണിയായിരുന്ന വിവിധ പ്രശ്നങ്ങൾ ആണ് തൊഴിലാളി യൂണിയനുകളുടെ ഇടപെടലുകൾ കൊണ്ട്  നേരിട്ടിരുന്നത്. 2016 ലെ വിഷയവുമായി ബന്ധപ്പെട്ട് ഓൾ കേരള ഡിസ്ട്രിബ്യൂട്ടേഴ്സ് അസോസിയേഷൻ കോടതിയെ സമീപിക്കുകയയിരുന്നു.

2017 ൽ ഇത് സംബന്ധിച്ച് ഹൈക്കോടതി വിധി വന്നെങ്കിലും സംസ്ഥാന സർക്കാരിന്റെ പിന്തുണയോടെ ചുമട്ടു തൊഴിലാളി ക്ഷേമ ബോർഡും വിവിധ തൊഴിലാളി യൂണിയനുകളും ചേർന്ന് സുപ്രീം കോടതിയെ സമീപിക്കുകയായിരുന്നു.  തുടർന്ന് സമർപ്പിച്ച അപ്പീൽ ആണ് സുപ്രീംകോടതി തള്ളിയത്. കേരളത്തിൽ ചെറുകിട ഇടത്തരം സംരംഭകർ പോലും ഏറെ നാളായി നേരിട്ടിരുന്ന പ്രശ്നമായിരുന്നു വിതരണത്തിലും ചരക്ക് നീക്കത്തിലും നേരിട്ടിരുന്ന നോക്കു കൂലി പ്രശ്നം. സുപ്രീം കോടതി വിധിയോടെ ഇക്കാര്യത്തിൽ പ്രശ്ന പരിഹാരമാകുമെന്നും ഇത് നടപ്പിലാക്കാൻ സംസ്ഥാനതലത്തിൽ സജീകരണങ്ങൾ ഏർപ്പെടുത്തുകയാണ് ഭരണകൂടം ചെയ്യേണ്ടതെന്നാണ് സംരംഭകർ അഭിപ്രായപ്പെടുന്നത്.

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