Valuation link with sale deed
varma
(Querist) 01 December 2011
This query is : Resolved
Me & my sister got 232 sq yd land with building & 220 sq yd land with building through registered WILL deed that was written by my mother & register in sub register office in year 1998 & she died on year 1999.My sister sold her shared property in year 2000 to outsider by an amount of Rs 8,50,000.Now I want to file for declaratory suit for title decalration of my shared property on my sister who is denying my Title.Now my property value is 31,20,000.My question is
1)Can I show market value in court of my sister sale deed of Rs 8,50,000 which she sold on basis of WILL DEED .If this is case my property value is 9,00,000.
2)If not,latest valuation of property. i.e 31,20,000 for year 2011
prabhakar singh
(Expert) 02 December 2011
You can at this stage even file suit as per valuation shown in deed and in case your sister appears in the suit and raises any objection with regard to valuation the court will decide the valuation and ask you to value the suit and pay court fees accordingly hence you should not worry for it.
Raj Kumar Makkad
(Expert) 02 December 2011
I slightly disagree with both experts.
Varma! You have succeeded in trapping both experts under the garb of valuation of the property.
In the given facts, you cannot file civil suit for your alleged rights against your sister in the given matter as she is due owner by way of gift which you also admit so where remains your right? How can you file a civil suit against an exclusive owner of a property to which you already admit?
It hardly matters whether the property is having a value of Rs. 1 or 10. You have to see whether any law of land permit you to file such suit.
prabhakar singh
(Expert) 02 December 2011
"Me & my sister got 232 sq yd land with building & 220 sq yd land with building through registered WILL deed that was written by my mother & register in sub register office in year 1998 & she died on year 1999."
So it was WILL not GIFT!
Please check.
M/s. Y-not legal services
(Expert) 01 December 2011
