Right over registered property
rajesh
(Querist) 09 September 2016
This query is : Resolved
Respected Sir/ Madam,
I Registered a property about 9 years before in to my name. The agreement was made in my sister-in-law name (brother's wife) as I was out of town at the time of agreement, we were in good terms during that time. It was an unregistered agreement. Initial money (10% or so) was paid by my brother for agreement. I paid all money before & during the registration time, I have bank account proof for all my withdrawals. There was a difference between agreement value and Registered sale deed value.
Now my sister-in-law is claiming that, she has right over the property as the agreement was in her name.
Please note
1. Neither my sister-in-law nor my brother were witness to the sale deed.
2. I don't have even copy of agreement and original sale deed also is in my sister-in-law's possession.
Does my sister in law or my brother have any right over the property which was registered in my name?
Appreciate any help or any pointers in this regard.
Regards,
Rajesh
Ms.Usha Kapoor
(Expert) 10 September 2016
Without link documents/sale deeds, Property tax receipts in your name.,Nil encumbrance certificate and Mutations in revenue records it would be somewhat difficult for you to establish your title over your suit property. You've got to rely on registered sale deed and Bank withdrawals IN PROOF OF YOUR CLAIM TO THe PROPERTY IN QUESTION. try GETTING ALL THe ABOVE SUCH AS ecs.pT RECEIPTS COPY OF registered SALE deED ETC SO THAT YOU'LL HAVE A STRONG CASE AGAINST YOUR BROTHER AN D SISTER IN LAW.
Kumar Doab
(Expert) 10 September 2016
Title is in your name.
Ask the brother/sister in law to return the original docs.
Usually there is clause in agreement to sell (Byana) the buyer can, enter into further agreement to sell and register the property in anyone's name.
Rest a very able counsel specializing in revenue/property/civil matters, can guide you further.
Raj Kumar Makkad
(Expert) 10 September 2016
You are legally owner to that property. The agreement to sale has lost its relevance once the sale-deed stands registered and moreover, after a lapse of 9 years, there is no legal claim towards that property on the side of your sister-in-law.
The claim of your sister-in-law is nothing but to pressurize you to appease them by way of some money as original sale-deed is also under her possession.
Legally speaking, she has no claim against the said property but morally, you need to settle this family issue by making agreed payment.
Rajendra K Goyal
(Expert) 21 September 2016
You are owner of the property after registration, claim of your SIL may not succeed.
Kumar Doab
(Expert) 21 September 2016
Hope you are satisfied.
rajesh
(Querist) 22 September 2016
Thanks for all your replies. I tried my best to speak to my Sister In Law and brother. I'm ok to even give some money to them. Their ask is huge, about 50% of total worth of property today. The Trust can not stand in front of law looks like.
All they did is moral help during the time of agreement, though all the money is from me and I have a bank proof. Their ask is too much and told them that I will think about it.
Khata now is jointly owned by me & the seller. As seller still has some land which was not sold + sub division was taking time. I have a certified copies of document from sub registrar office.
Original sale agreement which was in my sister in law name, original sale deed (registered in my name) and link document of seller in custody of my sister.
rajesh
(Querist) 22 September 2016
i meant all originals are in custody of my sister.
Kumar Doab
(Expert) 22 September 2016
Link documents can be obtained from revenue office/official.
The seller and buyer can ask to return originals and link docs too.
Rest you have been advised in detail by experts.
Approach a very able counsel of such caliber to take the matter, further, if required.
rajesh
(Querist) 22 September 2016
Thanks everyone once again.
Kumar Doab
(Expert) 22 September 2016
You are welcome.
It is good to see that some authors do come back to thank the Experts.
Rajendra K Goyal
(Expert) 25 September 2016
agree with the advice from expert Kumar Doab.
