Register property without any disputes
Joe R
(Querist) 03 June 2011
This query is : Resolved
n my village,We have my grandfather's property registered in 1984 on behalf of his 3 sons.But till now they did not do any registration of their own in their name.But one of his son made registration of his partition on his wife's name.I am eldest son's only daughter who wants to register her father's partition on her name.All of a sudden my dad's younger brother's son(whose father expired in 2002) occupied one of my dad's partition property by locking the house.Recently I myself,My dad has made a "veelunama(telugu)" / Legal hire for dad's prorpety after his death to me.At the same time due these non-sense, as I am a lady do not want to get into trouble,planning to register my dad's property in my name as a gift given my dad.But my dad is not able to do this,since he is scared of my dad's younger brother's son(who has support from the local panchayat lead). In such case, how can I proceed to register my dad's property without any issue?. Is that 1984 WILL , Latest Legal Hire are enough for me to support? . If not how could I proceed further to complete the registration?. How could I approach?. Can I lodge a complaint on him for locking my property?.If so, can I avoid that local leading political person by using any LAW?.please let me know.
prabhakar singh
(Expert) 03 June 2011
GETTING GIFT DEED REGISTERED IN YOUR NAME FROM YOUR FATHER IS A GOOD PLAN SINCE IT MAKES FULL OWNER EVEN DURING LIFETIME OF YOUR FATHER ,WHILE(VEELUNAMA,IF WILL,SHALL COME INTO FORCE AFTER HIS DEATH).
BUT THIS IS ALL ABOUT OWNER SHIP.
WHAT ABOUT POSSESSION WHICH YOU STATE HAS BEEN TAKEN AWAY FROM YOUR FATHERS'YOUNGER BROTHERS'SON BY LOCKING YOUR FATHERS'PARTITIONED SHARE???
IF YOUR FATHER IS FEARFUL OF HIM,AND IS NOT READY TO EXECUTE GIFT,NO BODY CAN SOLVE YOUR PROBLEM.ASK HIM TO EXECUTE A GIFT IN YOUR FAVOR WITH OUT FEAR AND THEN LODGE A FIR IN YOUR NAME AGAINST YOUR FATHERS'YOUNGER BROTHERS'SON THAT HE HAS FORCEFULLY OUSTED FROM HOUSE GIFTED TO YOU AND IF POLICE DOES NOT HELP YOU THEN FILE A SUIT OF POSSESSION AGAINST HIM IN CIVIL COURT CLAIMING DAMAGES FOR WRONGFUL USE AND OCCUPATION. IF YOU FAIL TO DO THIS ALL I HAVE NO MIND TO TELL YOU ANY OTHER COURSE WHICH CAN MAKE YOU OWNER OF THE PROPERTY.
Shashikant V. Patil
(Expert) 04 June 2011
Dear Joe,
Mr. Prabhakar Singhji is right , but when the property in ab-initio is not partitioned since after the death of your grandfather. After his death , the three sons (incl your father) inherits by way of succession of this property. Now all three brothers after the death of your grandfather , mutually divide the share and make registered partion deed. Without any body's consent , your uncle cannot take any share he likes as per his own wish. In that case , either party has to file a suit for partition in the civil court.
