Sale deed registered in cousin brother name
Querist :
Anonymous
(Querist) 12 March 2020
This query is : Resolved
In the year 2010 I purchased a property but due to some technical problems that property get registered in my cousin brother name, till today we don't have any problem regarding the above and we are living happily together. now cousin brother telling me that I have to vacate his property because all property documents are in his name and daily we are fighting regarding this matter and recently my cousin brother try to vacate me by force and case went to police station. Now my questions are as Below:
1) Can he has a right to vacate me, I am living on this property since from 2010?
2) While at the time of property purchase full consideration has been paid by me only. Cheques issued by me to the seller has properly reflected in the sale deed, due to some technical problems I can't get registered in my name.
3) can I claim legal title of the property based on consideration paid by me.
Under such situations I need best alternative to resolve the above issue.
Thanks in advance
Venkatesh
Raj Kumar Makkad
(Expert) 12 March 2020
1, Yes but not forcefully. He can get eviction order against you from proper court of law. You can obtain stay order against the forceful dispossession.
2. General rule is that who so ever shown owner in the title deed- is the true owner to that property irrespective of the fact who paid consideration amount for the purchase of that property but you know about the hidden technicalities which forced you to get the sale-deed registered in the name of your cousin. If you can prove all this then file a civil suit for declaration that you are owner in possession of the said property and the title deed showing the name of your cousin is just a paper entry and is not binding upon your rights.
3. Refer to reply of point no. 2.
Querist :
Anonymous
(Querist) 12 March 2020
I would like to add some more information about my first question
Ours is a joint family having joint in all respects of estate, food etc. total members of the family is around 50 and till today partition is not happened and negotiation is going on between the elders to settle all the properties since from 8 months and now pending due to disagreement among the members of the family.
The property which I have mentioned in my first question is having high value is in my cousin brother name and he is claiming that he is the absolute owner of the property, even though the funds which are used to buy the property belongs to HUF Funds,
Purchase Consideration details as per the sale deed are as follows:
Total Consideration Rs 24 Lac
Bank Housing Loan Rs 15 Lac from Co-Operative Bank which is repaid within 6 months from the date of purchase (Majority Contribution by me)
Balance of Rs 9 Lac from HUF Funds( Majority contribution by me)
The reason for not registering the above property in my name:
That I am an Auditor of a Co-Operative Bank where we have taken housing loan and Bank disagree to sanction loan on my name as it will leads to against auditing ethics.
My cousin brother’s salary at the time of purchase of the above property is Rs 12000/- PM
Thanks for all your answers
Raj Kumar Makkad
(Expert) 12 March 2020
Who obstructed you to post complete facts of your query at one go? Do you think that piecemeal system is more paying on free of cost service site?
In the given facts, Partition and possession of entire HUF properties who so ever may be shown the owner of those properties should be filed before the civil court. The reason given by you is legal and justified.
Rajendra K Goyal
(Expert) 13 March 2020
You asked:1) Can he has a right to vacate me, I am living on this property since from 2010?
Reply: Property is on his name he is owner, he can get it vacated.
You asked: 2) While at the time of property purchase full consideration has been paid by me only. Cheques issued by me to the seller has properly reflected in the sale deed, due to some technical problems I can't get registered in my name.
Reply: You have given money for purchasing property, you can get it back, provided the debt is not time barred.
You asked: 3) can I claim legal title of the property based on consideration paid by me.
Reply: In the given circumstances, chances of success are less.
You asked: Under such situations I need best alternative to resolve the above issue.
Reply: Moral pressure, pressure from friends and relatives may work.
Querist :
Anonymous
(Querist) 13 March 2020
Rajendra K Goyal sir thanks for your elaborate answer and i am expecting your answer after considering further information i have added to my first question.
Thanks
krishna mohan
(Expert) 13 March 2020
Amicable settlement with the guidance of elders is the best option as per facts and evidences through a gift deed by him to you (or) settlement deed in which your payment for this property can be considered as a compensation from you to have ownership. Once consensus reached you can close the issue by formal settlement agreement or gift deed to avoid further litigation. If litigation is the last resort then you need to fight it out.But in the eye of law your cousin is the title owner of the property unless the same is quashed legally.
Rajendra K Goyal
(Expert) 13 March 2020
You preferred to get loan through alternate route, your cousin applied the same to you. If the loan is not time barred, file case for recovery.
Legally you are on weak footing, try to get the matter resolved through nears and dears.
Raj Kumar Makkad
(Expert) 14 March 2020
I think HUF issue is being ignored by the experts. The family properties may those stand in either of the members of the family are still not partitioned and such the said property may be got covered accordingly.
Rajendra K Goyal
(Expert) 14 March 2020
Property is not purchased in the name of HUF. Full amount was not paid from HUF account. The queriest has not mentioned whether HUF is having any PAN and files Tax returns. Whether other properties covered under the definition of HUF?.
The query lacks full information.
Querist :
Anonymous
(Querist) 14 March 2020
Dear Rajendra K Goyal sir please request you to go through the below lins:
I would like to add some more information about my first question
Ours is a joint family having joint in all respects of estate, food etc. total members of the family is around 50 and till today partition is not happened and negotiation is going on between the elders to settle all the properties since from 8 months and now pending due to disagreement among the members of the family.
The property which I have mentioned in my first question is having high value is in my cousin brother name and he is claiming that he is the absolute owner of the property, even though the funds which are used to buy the property belongs to HUF Funds,
Purchase Consideration details as per the sale deed are as follows:
Total Consideration Rs 24 Lac
Bank Housing Loan Rs 15 Lac from Co-Operative Bank which is repaid within 6 months from the date of purchase (Majority Contribution by me)
Balance of Rs 9 Lac from HUF Funds( Majority contribution by me)
The reason for not registering the above property in my name:
That I am an Auditor of a Co-Operative Bank where we have taken housing loan and Bank disagree to sanction loan on my name as it will leads to against auditing ethics.
My cousin brother’s salary at the time of purchase of the above property is Rs 12000/- PM
Thanks for all your answers
In continuation of my First and Second question, now I come to know from reliable sources that my cousin brother is having intention of selling this property without the knowledge of the other members of the family, Under such circumstances what are options available for me to restrain my brother from selling of this property.
Thanks in advance
P. Venu
(Expert) 14 March 2020
Why you are posting facts piecemeal? No meaningful suggestion is possible unless the queriests are fully honest and wholesome with facts.
Rajendra K Goyal
(Expert) 15 March 2020
If the property is not in the definition of HUF, you claim is limited to amount given by you provided it is within limitation.
T. Kalaiselvan, Advocate
(Expert) 16 March 2020
1. The property is on his name by a registered document, hence he can very well evict you from the property.
2. On the basis of the documentary evidences in your possession and with the details of payments made for this purchase you may file a declaratory suit to declare the title to your name, but you may have to work hard and with the help of technical details, yo may establish the ownership.
