Right on property
Querist :
Anonymous
(Querist) 07 October 2010
This query is : Resolved
We are in a house which was our ancestrol property. My grand father had 2 daughters & 2 sons.
My grand father expired in 80, as per his will "This property has been given to 2 sons only as for his 2 daughters were already given good settlements during their marriage".
During the year 1984-85, my Father' elder brother gave his part of right in the House property in writing to my father in the presence of my grand mother.
As per the registered document dt.1986 in words of my father' brother - " Based on the unregistered will of my father, i & my brother has equal share in the property, as I settled in other place and in good position its not possible for us to live together moreover my brother is unemployed and residing in this place, therefore i hereby give my rights in the property in my brothers favour upon receiving rs.3000. futher i declare that i will not claim any right in future and also my heirs have no rights in this property. This is made with clear consiousness and not under any complusion. Value of the property rs.26000 and my share is rs.13000."
We are living in the house since 1981, we also made some modifications, additions to the house during the recent times.
Now My father' Brohter and His son is claiming rights in the property and asking us to pay a part of the value of the house.
Pls give me a clear picture as to whether he or his son can claim any right or money.
Can we sell the property or transfer to my name. Pls help in this regard.
Thanking you very much.
s.subramanian
(Expert) 07 October 2010
The unregistered deed is invalid for want of registration. Release deed requires compulsory registration in law. That deed cannot any title on your father for the whole property.
Devajyoti Barman
(Expert) 07 October 2010
The Will was unregistered and not the transfer deed of the elder brother . I think his legal heirs have ot no title over the same once it is transferred by their father through a registered deed.
Querist :
Anonymous
(Querist) 08 October 2010
Dear Sir,
Thak u sir, and one more thing Pls clarify as to whether the said property can be transferred and registered in my name. will this put an end to the issues?
Thanking you once again.
Querist :
Anonymous
(Querist) 09 October 2010
Dear Sir, Pls guide in this regard.
