Registering a property means recording the ownership of the property and other transactions related to it in a public record.
Ancestral property is a one in which a person has a share which accrues to him by birth. If a person is entitled to get a share in the ancestral property, he cannot be excluded from it. A father cannot exclude his son from the ancestral property although he can gift his self acquired property to anyone.
Ancestral property can not be divided or gifted or transferred, excluding the descendants/legal heirs having right to it.
For registering ancestral property, share and title of each family member must be clear. The property is partitioned and transferred in the name of each descendant as per the share. The partition deed is registered, which confirms the ownership of the share.
Illegal registration can occur in numerous ways. Some of the most often used methods are:
- Forgery – Signatures are forged, or fake documents are prepared
- Impersonation- Someone else appears before the Registering Authorities as Owner
- Misuse of POA – People give power of attorney to family members for effecting transactions on their behalf. POA can be misused. POA has to be very specific and clear.
- Misrepresentation/suppression of facts
NRIs are easy targets for illegal registration as:
- They are not present in India physically for every transaction related to their property
- Regular inspection of the property is not conducted.
- Family members are generally given POA who misuse the same
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