Ownership of property
mohit jain
(Querist) 23 April 2018
This query is : Resolved
My grandfather has the registry documents in his own name in respect of the property that is earlier (20 years or above) a document is prepared on a simple paper for distribution of property between the two brother that is signed my grandfather.
But now My grandfather claiming that propert's registry in my name on legal documet so it is mine.
My question is that who is the legal owner of the property ?
Krishnapur Ananth Nagamani
(Expert) 23 April 2018
Title passes only when the document is registered under the Registration Act provisions. S. 17 mandates registration of immovable property of value more than Rs 100. Since the registration of the property rests with your grandfather in the books of the sub-registrar having jurisdiction over the property, title rests with your grandfather. The simple paper showing division of property is only an intention of your grandfather and can serve the purpose of a will after his demise but during his lifetime it is of no value. Legal owner of the property is still your grandfather
Ms.Usha Kapoor
(Expert) 24 April 2018
I endorse the above export opinion.
mohit jain
(Querist) 24 April 2018
now the question is arises that what should i do for construction of house on the said property .
because situation is very typical due to opposition of the counter party .
how should i do in respect of the construction of the house.
please provide me complete procedure ..
Kumar Doab
(Expert) 24 April 2018
If grandfather is owner/title holder then in bis life he can write as many plain paper statements and cancel all of these...
Try to understand his inner wishes and grudges if any and try to find amicable solution......
P. Venu
(Expert) 25 April 2018
When the title vests with the grandfather, you are a total stranger to the property.
Kumar Doab
(Expert) 25 April 2018
The p[lain paper can be valid WILL if IT signed by testator and 2 adult witnesses...
This is the minimum..
and since WILL is a legal document IT has to be valid....
As rightly opined above WILL comes into operation after IT surfaces after death of testator.....
Settle the matter with grandfather amicable while he is alive..