(Querist) 05 September 2017
This query is : Resolved
hi Sir/Madam, Myself Yeshwanth , I will start from begining. My grandfather had a house which was given by Govt as patta in Rasoolpura, Begumpet(Registration office comes under BOWENPALLY). My grandfather have three sons, one of them is my father. After my grandfather died(1988),My both uncles decided to sell the whole property to my father. To which my father accepted and gave money with whatever valuation of the property to them. My uncles and grandmother wrote it down on the notary and gave it to my father that "They do not have any right on the property and will come for registration whenever being called". My father did not registered the property, as we thought nothing would happen if it is still like notary. Now when we planned to sell the house but my both uncles and grandmother they did not make it happen, they claim that its grandfathers property and they will not come for the registration. They also claim that they will put a case in the court with their sons claiming the grandfathers property. My uncle's hand written original Notary bond papers are with us. We took suggestion from few of the well wishers(registration officer and a lawyer) and made a "Gift Settlement in f/o family" on my mother's name from father's name with help of one of my other uncle. We have all the documents transferred to my mother name(House Tax, Electricity Bill). Now my other Uncle claims it as a joint property and planning to send a notice to my father, mother, my uncle and the lawyer who supported us. Right now we have original Registered document(registered in 2017) of the property on my mother name, the old patta on my father name which i have mentioned above.
I would also like to say that, the Notary on my fathers favor is stamped on 100 Rs Bond paper.
Is that anything we did wrong or anything we should be bothered about when we sell the house? If he sends the notice to us, what would be the better solution to override it?
(Expert) 06 September 2017
You need to obtain registered relinquishment deed in both of your mother and father' favor from the grandmother and the other uncle releasing all their right,title and interest in both your father and mother's favour.Handwritten notary has no legal validity and does not confer any legitimate legal right title and interest in your father's favour. Hence in orders for the Family settlement to be final and binding on all of you you need to obtain registered and stamped relinquishment deed from your grandmother and your other uncle releasing all their right,title and interest in both your father's and mother's name in which case the Family settlement deed becomes final and binding on all of you. After obtaining registered relinquishment deed from your grandmother and your other uncle you reduce the Family settlement into writing and get the Deed registered.Or arrive at a fresh Family settlement also making your other uncle and your grand mother part of Family Settlement by giving share to your other uncle and grandmother.if she is interested in a share in the property.IN which case no registered relinquishment Deed is required from your other uncle and your grandmother since you are making them part of Fresh Family Settlement which is binding on all of you. Try to negotiate with your other uncle and your grandmother and arrive at a Family settlement amicably.
(Expert) 06 September 2017
Yes, the relinquishment should have been through a registered deed. In the absence of clear title the alleged gift in favour your mother is inchoate. The only solution is to settle the matter amicably.