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Niranjan Reddy (Student)     01 May 2018

Double registartion

Hello Everyone,

Thank you for all your support for my previous posts.

We are looking for some guidance, for how to proceed further, the back ground of the story is...

My Brother-in-law bought a small house of 110 sq,yards with two rooms in 1998 through Notary, after 10 years, he passwd away in an accident, then after 5 years my sister thought to share the property to her children, sharing was done in register office as a gift deed, with the help of my causing brothers, even i was there at time, my brother-in-law has some properties in native village, my sister thought to give the village property to her younger son and the above said 110sq.yards house her elder son, then my sister again did the gift deed to her elder son(sandeep), now sandeep went to bank for loan to construct a house, Bank people said,

firstly his father got the property through Notary hence its not vaild, sandeep's mother did a gift deed to sandeep and his Brother Ram, so the property belongs to both Sandeep and Ram, Ram has to  register again to to Sandeep, so he become the only owner of the property, though he is not eligible for loan because his fathers document is Notary, then we went to the person who sold the property to my brother-in-law, he agreed to regiser on sandeeps name, now we are in dilemma how to proceed further, I will put soem more light on it..

 

1. Party:- Yadav
2. Party:- uday
3. Party:- Narasimha
4. Party:- Srinivas
5. Party:- Girija
6. Party:- Sandeep

 

From Yadav                   To Uday                                     Through Registration (From Landlord)
From Uday                    To Narasimha                             Through Registration
From Narasimha            To Srinivas(my-brother-in-law)       Through Notary
From Girija(my sister)    To Sandeep/Ram(My Nephews)    Through Gift deed
From Girija                    To Sandeep                                Through Gift Deed, After This gift Deed, Electricity Bills and House taxes changed to Sandeeps name.

 

Now The 3rd Party Narasimha agreed to register to 6th Party, we are assuming that the document will come a clear title of almost 23 years, then we can get thebank loan

now the Question is will there be any legal issues arise if 3rt register to 6th party, as of now electricity bills and House taxes on 6th part name(sandeep).

PLease guide us, how to proceed, have you ever gone through this type of scenarios..

 

Thanks in advance.
Niranjan Reddy.



Learning

 3 Replies

Niranjan Reddy (Student)     01 May 2018

As per local Advocate, going for Ratification deed, let me know if this is wrong decision..

Thanks & Regards

Niranjan.

 

 

 

Kumar Doab (FIN)     02 May 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     02 May 2018

 

As per query there is NO double registration…………

So title of query may be changed..

The financial transaction is involved..so the seller may register sale deed in name of buyer…and submit for updating mutations records..

The gift deeds that are invalid may be cancelled by both donor and donee…

Once the buyer become legitimate owner after registering sale deed the buyer may dispose as deemed fit……..by  valid/registered deed e.g; gift deed…………..

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and discuss in person and thereafter with lender and proceed in best of your interest.. as deemed fit by you at your end..


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