Recovery of homes
bala
(Querist) 20 October 2016
This query is : Resolved
Respected sir / madam,
my father has 4 home. Two homes donated to his brother son.
But this donated home not registered in concern sub registrar office.
My father, brother son, had been duped into signing. Still now government record sowing these 4 homes in my father name. But he changed property tax receipt in his name. I don’t know how it is possible. Because document is not registered. Last year my father was dead.
Question:
1. How I recovery two homes from him?
2. I don’t like go to court, because it is a long time process.
3. have any short cut idea?
4. can I complement to police station, collector petition, or cm cell petition?
Thank you
Kumar Doab
(Expert) 20 October 2016
If the deed is not valid and registered then the undisputed owner was deceased father.
Was he Hindu?
Are you Hindu?
Is brother's son in possession of the house(s)?
Kuummaar AS
(Expert) 20 October 2016
bala,
You have said,
"my father has 4 home. Two homes donated to his brother son.
But this donated home not registered in concern sub registrar office.
My father, brother son, had been duped into signing. Still now government record sowing these 4 homes in my father name. But he changed property tax receipt in his name. I don’t know how it is possible. Because document is not registered. Last year my father was dead."
Please inform what are the basis of your statenments
1. "he changed property tax receipt in his name"
2. "Still now government record sowing these 4 homes in my father name"?
bala
(Querist) 20 October 2016
YES, WE ARE HINDU
NOW BROTHER SON STAYING THESE HOUSES
HE CHANGED PROPERTY TAX RECEIPT IN HIS NAME.
THANK YOU
Kumar Doab
(Expert) 20 October 2016
Your father's brother's son is not ClassI legal heir of your father.
If there is no valid deed then he can't be owner.
Try to involve elders of the family, to evict him.
Or approach court.
Your local counsel can advise you.
Rajendra K Goyal
(Expert) 20 October 2016
Property tax receipt is not proof of title. If you have registered sale deed in the name of your father you have proper title.
Unregistered gift deed is not acceptable legally.
If you do not want to go to court, have amicable settlement.
kavksatyanarayana
(Expert) 20 October 2016
are the four houses acquired by your father with his own earnings? or ancestral. tax receipt is not a problem. Is there any legal document. you should contact an able counsel for this case.
Ms.Usha Kapoor
(Expert) 21 October 2016
First it should be known whether the said property is ancestral or self acquired. Then only we can give correct reply.
Rajendra K Goyal
(Expert) 21 October 2016
Morally one should honor the words of deceased father.
However, how the property acquired by your father, who and when purchased it, whether any family settlement was there while property was gifted?
rajeev sharma
(Expert) 21 October 2016
Bala
you have not been able to put complete and correct facts before experts. It will be better to first settle the dispute within family if no settlement is arrived at then you will have to take shelter of the court. no one wants to go to court but at one time or other for one reason or other one has to go yo court.
Kumar Doab
(Expert) 21 October 2016
Obtain mutation record with all link docs and show these to your very able counsel.
H.M.Patnaik
(Expert) 21 October 2016
Agree with Mr. Doab's views.
Dr J C Vashista
(Expert) 22 October 2016
Good mental exercise for the question paper set by author.
Rajendra K Goyal
(Expert) 22 October 2016
Author still mum on supplementary information sought.
Guest
(Expert) 22 October 2016
A good academic question.
By the way, is brother's son of your father residing in both the houses simultaneously? If so, with what method he made that possible?
