Legal Question in Real Estate Law in India
Question(02/10/10)
Ismile Mondal son of Abdur Rob Mondal is my father�s cousin. Abdur Rob Mondal left India at his 25-30 yrs.age leaving his married sister(She had only one son, Md.Yousuf) only in India. He had immovable property in mauza Rasulpur,West Bengal.amounting to5.54 acre .He settled in Central America(Guatemala).and died there. His left out property was being looked after by Md.Yousuf(Son of his sister).His only son there in Central America as heir named Md.Ismile resident and citizen of Central America.He visited this paternal property once in 1973. He was satisfied with his cousin Md.Yousuf who was acting as care taker of his propert. In spite of opportunity of recording the land in his own name in 1970 zarip my father kept the property in the name of Md,Ismile Mondal,Ismile mondal made a General Power of Attorney in favour of Md,Yousuf .
Md.Yousuf died in 2006.This property at present looking after and in possession of heir /succession of Md.Yousuf.
I am son of Md. Yousuf.We had no communication with Md Ismile Mondal since 1974.We donot know whether Ismile Mondal is living or dead.We are paying all revenue of the land, performing cultivation in land and enjoying crops as well as the property and dividing equally to all successors we amongst us has got no dispute.
Who is now the owner of the property.How can we transfer the name of title property in our name.
Land revenue record mentioned Ismile Mondal as American Citizen. We do not know any notice served as foreign property. Neither we searched the Land Revenue office of such notice to avoid unnecessary litigation. What we the heir of Md.Yousuf should do to legally posses the property.
Copy of record of land and land revenue dept. West Bengal is attached below.
Land and Land Revenue Record Copy English transcription
DISTRICT HOOGHLY
MAUZA RASULPUR
(1)REVENUE Rs. 158.00
(2)TOTAL AREA 5.54 ACRES
NAME OF THE POSSESSOR OF THE TITLE
NAME MOHD.ISMILE MONDAL
FATHER :A.ROB MONDAL
ADDRESS AMERICAN CITIZEN
(7)DESCRIPTION OF POSSESSED LAND
PLOT NO TYPE OF LAND
126 SALI���
SO ON
1 Answer from Attorneys
Too many details. Please consult your lawyer with all the details.
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