House property fakely registered by others
Srinivas
(Querist) 31 March 2017
This query is : Resolved
Hello sir,
My father and his three brothers having disputes regarding assets of the joint family.As per the decision of my grand father one of the house property has to be registered under my father name but my grand father passed away then taking this as opportunity by my uncles (3 brothers) have registered that house property to others.My grand father signed the unregistered will even it's plain then they have managed these as the source. In that it is shown that the property was gifted to one of my uncles son by taking this they sold the property to others.Later they came to compromise and they are saying that us to execute a sale deed and then it will be in our name.But as per income tax when ever the sale deed executed they will ask for the source of funds it will be problem to us and whenever we sale it will attract capital gains tax.We can't face these problems.If it's actually registered under our name as per partition of the family and when ever we sell we will pay capital gain tax but here they want us to purchase not really (as per documents) and sale the property.Please guide me with correct solution.
Guest
(Expert) 31 March 2017
First File a Police Complaint of Cheating.Any un registered document would be Legally invalid and a Will should be Legally Probated in Court to Implement it.Basing on the Results of Police Complaint File the Cases in Court and Obtain Stay .Also make an News Paper advt regard to this.Consult and Seek the guidance of Local good Senior Advocate.
Srinivas
(Querist) 31 March 2017
Thanks for your reply sir,
Ok, Apart from police complaint i want to know the procedure to execute a sale deed is correct or not.We can't bear all police and court expenses as these things are going on from 20 years.
Kumar Doab
(Expert) 31 March 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 31 March 2017
Was the WILL acted upon without any cloud on it?
If the WILL is unregistered and it is not mandatory to probate the WILL where property is located then authority under whose jurisdiction property falls must have followed its set procedure for such cases (Testate Succession) that are also kept on website e.g;
To submit: Requisite Forms with Certified Copy of the WILL, Death certificate, legal heir certificate/affidavit, NOC from all legal heirs other than beneficiary, newspaper publication etc etc ……….
Did your father sign NOC?
If NO; Then also you need to approach a very able counsel/law firm at your location specializing in such/civil matters.
Kumar Doab
(Expert) 31 March 2017
Apparently: You are offered a solution;
That you buy the property and probably other brothers of your father are paying the consideration (Not on record) and it is not acceptable to you/your family.
Kumar Doab
(Expert) 31 March 2017
Your counsel may suggest remedies to you that might appeal to you as acceptable and workable.
You have posted that:
"We can't bear all police and court expenses as these things are going on from 20 years."
Why the litigation is going on for 20 years!
Kumar Doab
(Expert) 01 April 2017
Thanks for agreeing Mr. Yogen Kakade.
Kumar Doab
(Expert) 01 April 2017
Thanks for agreeing Mr. Rajendra K Goyal
T. Kalaiselvan, Advocate
(Expert) 06 April 2017
You say that the litigation is going on for 20 years,
Now what is your concern about it?
Is there any twist in the story now that you wanted to have opinion on any latest development in the cae?
You have not divulged the brief details of the pending case or litigation without which you seek clarification on he broken information.
Any guidance or opinion given without knowing even the briefest background of the pending litigation, it will adversely impact and may misguide you, hence you may revert with details.
