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Property Transfer issue

(Querist) 31 March 2008 This query is : Resolved 
One of my far relative's father had a house alloted by KHB. He has two children-1 son(person I am referring to) and 1 daughter. But,what the father has done was,on a stamp paper(was not registered - dana patra)even before getting it registered he declared the KHB house to my relative and another 30*40 site to his daughter.The father died in an accident.
But now the issue is,the property is still not registered and the daughter has passed an objection for the registration in my relative's name. Does my relative has to give the portion of the property to his sister for getting it registered?
Jithendra.H.J (Expert) 11 April 2008
as per law the gift deed(dana patra) should be registered, and you have stated that the father has declared the KHB house to his relative but you have not given details about the declaration. it appears that father died with out writing any will, if so the childern of the dead father having equal right over the properties left by him, others are not having right, if you need any further clearification you can post your query or mail me to jithuhj@gmail.com
Rajendran Nallusamy (Expert) 17 April 2008
here are some kinds of documents which are compulsorily registrable and some optionally registrable. Compulsorily registrable document, if not registered loose its validity. Optionally registrable documents if not registered, does not loose its validity, but that a registered document of the same class takes priority over a non-registered one. A document which is required to be registered and is not registered cannot be received in evidence, but could be received as evidence of part-performance.


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