Title of a sale deed enquiry

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Dear Sir, I hold a property in my name by virtue of a registered sale deed and the allotment letter from Housing board. I received the same by my uncle (Tayaji, now expired). he had no heirs so instead of gifting(as it could be challenged), he sold the same to me. In the last page he made a hand written note (All the government duty paid).

'I am giving the property to my said nephew in love and affection. He is spending money on my illness. There is no money received by me from my said nephew'

That house was his self made property and under his only name.
I want to know what is the legal status of the title. Can it be revoked because of the above mentioned note.

Also, His wife (not divorced)who left him 25 years ago has come back and claiming her istree dhan and house from me in court.
What should I do?
Please help.

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Sankaranarayanan (Expert) 08 November 2011
you find good local lawyer and explain with all document which related to the same. he will guide you and give advise too.

Nadeem Qureshi (Expert) 08 November 2011
Mr. Shankar is right without document we can not give you best advice in this matter

ajay sethi (Expert) 08 November 2011
how was money given by you to your uncle ?

you have stated it was by registered sale deed?

can you prove that money was withdrawn from your bank account to pay your uncle?

when did your uncle die?

if you have proof of payment it can be stated that contrary to stand taken by your uncle consideration did change hands .

consult a local lawyer .

prabhakar singh (Expert) 08 November 2011
No advise on the document can be given without its examination.Moreover your narrations are very strange about the deed that it is a sale deed still your tau ji endorsed upon it no money paid ,if i conceive
every thing stated in post of yours is correct,then without hesitation the document is bad in law.

Anyway who is the legal heir of your tauji in absence of your deed??

The next instruction is that if your tau ji has made endorsement of the kind mentioned by you after the completion of registration
then it is advisable that you get a certified copy and do not take in use the original.

sanjeev murthy desai (Expert) 08 November 2011
Your question is not clear. Please clarify

1. If wife is still alive how you stating that your Tayaji expired without issues?.

2. Why did tayazi executed sale deed instead of Gift Deed?

3. Did you taken any public notice for non hearing of tayazi's wife from last 25 years?

If she made any claims then you just have to contest otherwise don't worry you have a good merit in case

Rajeev Kumar (Expert) 08 November 2011
I agree with shankar and Prabhakar sir

Shailesh Kr. Shah (Expert) 08 November 2011
it would be better engage local lawyer. He will do needful for you.

Querist : Anonymous (Querist) 09 November 2011
Thank you very much for your replies.

My Tauji made a Registered Will 2 years before the sale deed of the house. He clearly mentioned he has no heirs and he is free from any wedlock(since wife left 25 years ago and never returned) and I will be the sole owner of his house and movable property after his death.

Due to ongoing pressure from his brothers he had sold the house to me on sale deed not gift deed (because it could be challenged).

There was no money transaction occured during the sale deed. It was point less because he has given few affidavits to me and clearly mentioned that I am looking after him in his old age and spending money on his illness also mentioned in the Will. Moreover I have operating joint account with him (including his pension account).

Only reason he made sale deed was that it cannot be challenged. I have allotment letter in my name from the housing board.
All the government fees stamp duties were paid, just that no money transaction occured between us because he wanted to give the house to me anyway.

I am in possession of the house. I know it is a bad document by writing that note on a sale deed. But does it make it invalid in view of all the above mentioned facts.

Also upon inquiry it is revealed that Tauji has crossed out the family section in his pension papers in office. No one is receiveing his pension since wife left 25 years ago.

Now his wife is claiming that I have illegally locked up the house and her istree dhan is lying inside the house worth more than 20lac. But the house was sold 7 months before the death of Tauji.
She has not mentioned the registry in the court yet. and claiming the house back.

I hope it clears the questions.
I appreciate your quick replies.
Thank you.

ajay sethi (Expert) 09 November 2011
apply for probate of the will .

Querist : Anonymous (Querist) 09 November 2011
Thank you very much for your help sir.

Title of a sale deed enquiry

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