Registration of the property
yeshwanth
(Querist) 13 July 2015
This query is : Resolved
Sir,
I am Yeshwanth P, i have doubt regarding the registration of the property which is on my fathers name. My grandfather had a house in Rasoolpura, Begampet. My grandfather have three sons, one of them is my father. After my grandfather died, my parents decided to divide the house. 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 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 till now, as we thought nothing would happen if it is still like notary, now we are planning to sell the property. But, my two uncles are not making 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 want to do the registration for the property now, what legal action can we go with.
Chanchal Nag Chowdhury
(Expert) 13 July 2015
Suit for Secific Performance, if U can prove that consideration Changed hands.
kavksatyanarayana
(Expert) 13 July 2015
if you are having sufficient proof for the consideration paid to them, file a case for specific performance as said by expert, chanchal nag couddury sir.
Anirudh
(Expert) 13 July 2015
I am not sure on what basis the other Experts are suggesting that you should file Suit for Specific Performance - I am afraid whether they considered the question of limitation before making such a suggestion.
1. You have not indicated any dates in regard to each of the activities that had taken so far. Therefore, it is very very difficult to comment one way or the other whether the claim for grandfather's property arises or not.
2. The notorised document has no relevance as far as the transaction involving the 'immovable property'.
3. IF your father had paid your uncles towards the property, then he ought to have got proper sale deed in his favour executed and registered by your uncles. Your father miserably failed to do so. It is going to be a very very difficult task for you now.
Rajendra K Goyal
(Expert) 14 July 2015
Try to have amicable settlement with your uncle. Get the property transferred in the name of your father first.
