Land Registration in Bangalore
Naresh
(Querist) 07 March 2010
This query is : Resolved
Dear Respected sir,
As we have constructed land at Bangalore city . Land has been registered on two peoples named Ganesh & Venkatesh & they both have constructed house in their part of property. I am here as Ganesha's Son . We don't have any original documents of property but we have photocopy of the document.
many time we were ask for to registration from Venkatesh to Ganesh but he is postponing the work.again immediately we heard that land has been registered on Venkatesh full property but it has to share with them. is it possible to make registration on one person without the other person. Is it possible to get the Original documents form Sub-Registrar office.?
Kindly help me in this matter.
Raj Kumar Makkad
(Expert) 07 March 2010
You should obtain all documents like copy of agreement to sale, registered sale-deed from the office of the Registrar and Municipal record of the house in question then you should contact any local lawyer and should discuss your problem with him. In my view, if your father was party to an agreement then the sale-deed should also have to be executed in his name qua his share and if he failed to do so within a stipulated time then you shall have to face various practical legal problems as law of limitation etc. shall come in the way. Anyway collect documents and then either raise quarry in this section or ask from some local lawyer.
B K Raghavendra Rao
(Expert) 07 March 2010
When the land has been registered in the name of two persons, it means they are the joint owners. It has already been registered in joint name. Now the question of registering the property into the name of Ganesh from Venkatesh arises only in the case of partition. In sub-registrar's office the property would not be transferred from one person to another person without any validly executed deed.
Apply for encumbrance certificate and see what kind of transaction has taken place. If is fradulent transaction, file a case in the civil court challenging that deed.
You may file a partition suit for determination of separate entity and possession of the proportionate property to each individual in which you may challenge the fraudulent transaction if any.
