srilaw 17 January 2015
X and Y sold a piece of their ancestral land to A with a RS 20 bond paper unregistered in 1987; in 2004 A registered by a gift deed to his wife B; B constructed home and property tax, power bill, etc., being paid from last 16 years on her name. In 2013 B sold the property registered to C;
X expired long back; now X's son Z put a petition in the court against A, B, C for a share in this property. Is the case valid and how should C proceed further?
Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 January 2015
T. Kalaiselvan, Advocate (Advocate) 20 January 2015
It cannot be rued out. Since Z is the legal heir of X , he is claiming a share in the property as per his entitlement. As the proper sale deed was not done by his father and Y, his claim can be taken on file. You can very well challenge the same on the basis of conveyances subsequently.
Biswanath Roy (Advocate) 22 January 2015
Firstly, a Deed without registration stands invalid in the eye of law.
Secondly, a Deed with insufficient stamp stands invalid in the eye of law.
Thirdly, according to Transfer of Property Act transfer of immovable property must be registered.
Fourthly, in case of sale of an ancestral property either all the parties having right title & interest in the immovable property will jointly execute the deed of sale or Principal vendors will execute the Sale deed by their hands & seal and other subordinate spouses can be signed as confirming party of such transfer to validate such sale as absolute and binding upon them also.
In view of the above Z can claim his share in the subject property.
Therefore, my advise is to settle the claim of Z amicably and mutually in writing and by a registered Deed of Relinquishment..
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