Inheritence of property...!
Naveen Kanth Dasari
(Querist) 10 October 2014
This query is : Resolved
Hello Experts,
I have a query regarding a property.
The Facts are as under:
A property has been purchased by the father in 2013, and after purchasing the property, but the ownership is not transfered on his name and the total consideration has been paid by the father, but unfortunately the father is demised (dead) and the son is well aware of the fact the his father has purchased the scheduled property, so the son approches the land owner and the land owner gives all the documents pertaining to the said property to the son after charging an additional amount of Rs. 30,000/-, but the property is still registered on the name of the land owner.
1. Now my point is how to transfer the proerty on the sons name if the land owner is ready to coperate? Can we register the property on the sons name by showing the payment details of the father or do we have to apporach the court of law?
2. Incase if the land owner is not willing to coperate what can we do?
Plz need your suggestions on both the points, as the intention of the land owner is not clear, as he has given the the documents, but the ownership title is still with the owner.
Thank You,
Naveen Kanth.
Dr J C Vashista
(Expert) 11 October 2014
Prima facie the query is academic and hypothetical.
What is the proof of purchase/payment of consideration to the owner?
How did you infer that your deceased father had purchased but ownership was not transferred in his name, which is being done instantly?
If the seller is willing it may be registered in the name of son. otherwise, file a suit for specific performance.
Engage a local lawyer.
Anirudh
(Expert) 11 October 2014
Your father has already made the payment. In addition you have also made payment of Rs. 30000/-
The owner is willing to execute the documents.
Therefore, you can get a proper Sale Deed neatly drafted on a Stamp paper (showing the total consideration of the property, how the same was paid (i) by your father and (ii) by you), get it signed by the owner, accompanying him to the Sub-registrar's office, make the payment of Registration fee etc., and get the Sale Deed registered.
Please note the following: (i) You have to pay the charges like stamp duty, registration charges etc. Do not expect the owner to bear the charges. YOU SHOULD CONSIDER YOURSELF VERY LUCKY THAT THE OWNER IS STILL WILLING TO EXECUTE THE SALE DEED, EVEN NOW.
Do not waste time, approach a lawyer, get the agreement first drafted, show it to the owner, after he agreed, then get the same typed on STAMP PAPER.
All the bests.
malipeddi jaggarao
(Expert) 11 October 2014
Do you have any siblings? If so the answer would be different. All the legal heirs of your deceased father are entitled for the property and the registration should be in all the names of legal heirs.
Rajendra K Goyal
(Expert) 11 October 2014
1. If the owner is cooperating get the sale deed drafted (better through your lawyer) after paying the stamp fee. get it registered.
2. In case owner does not cooperate, you all the legal heirs have to file suit for specific performance if proper documents ( proofs of purchase and paying of consideration etc.) are available. Consult your lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
You have been advised properly by experts, you have to take further steps immediately, better take the help of a local lawyer and get the job completed at the earliest
