Reg right over property
Bhargav
(Querist) 19 August 2014
This query is : Resolved
My Father sold(not sure ) a house around 14 years back. Me and my brother were minors and had no clue about it and my mom also didnt know much abt the transaction . Now after 14 years some people come to our home and ask us to file for a rectification deed since the survey numbers and boundary are wrong . Also when I looked at the sale deed the signature didnt look like my fathers . Should I go ahead a file a case claiming this property . Please advice .
Thanks in advance .
- Bhargav
ajay sethi
(Expert) 19 August 2014
whether sale proceeds were received by your father? ask your mother whether your father had received sale consideration . if your father had sold then execute rectification deed
Bhargav
(Querist) 19 August 2014
Thanks ajay for replying . She doesnt know about the sale and if my father received any money . None of my relatives know about the actual sale .
Devajyoti Barman
(Expert) 20 August 2014
If you have reason to believe that your father did not sell the property and the signature on the deed does not look like of his, then you can file suit for declaration to set aside the sale.
T. Kalaiselvan, Advocate
(Expert) 23 August 2014
You cannot remember the signature of your father who signed around 14 years ago, after verifying the genuineness, better execute the rectification deed along with all heirs of your father.
Bhargav
(Querist) 24 August 2014
I need not remember . I can check my fathers passport . My father did his masters in USA in 1980 . I have seen all the signatures he made right from his passports to the bank accounts . They are pretty much the same everytime and pretty good signature and tough to replicate .
Also am I required to sign to this rectification deed . I was a minor then and my mom has never signed on sale deed .
T. Kalaiselvan, Advocate
(Expert) 24 August 2014
If you are not knowing anything about the property why do you have to sign anything for that now which is either in existence or there is any knowledge about it? If you are pretty sure that it was not your father's signature, you can very well deny putting your signature.
Now to your questions: Whether you were minor at that time or your m other has not signed the sale deed, it becomes the duty of the legal heirs to fulfill the obligation in this regard. If you know more about law, you may decide about it yourself and you don't need to refer here for clarification.
