Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need Info (not working)     04 March 2012

No objection certificate

My Grandfather purchased land in 1980, died in 1987. My grandmother gifted this land to my father and his three sisters signed No Objection certificates in 1989. My father passed away in 2011 and my living aunts (his sisters) are now laying claim to the property.

The land was transferred to my father in 1990 and mortgages were taken on it. He how ever did not get the registration done on this land, the original registry is still on my grandfathers name.

Can my aunts claim their rights now, after 23 years of signing a no objection certificate?



Learning

 2 Replies

P.K.Haridasan (Advocate)     04 March 2012

Any transaction related to land  above worth Rs. 100/- must be registered under Indian Registration Act.Since the property is still in your Grand Father's name, borrowing money on hypothecation or giving no objection letters would not bar your aunts legal rights on the property.

1 Like

Need Info (not working)     05 March 2012

Respected Sir,

The registered document i was referring to that is on my grandfathers name was the sale deed of him purchasing it in 1980.

As per the Indian Registration Act, if the Gift document by my grandmother and No Objections by my aunts are registered, would it constitute to my father's ownership. I was referring to the below documentation:

17. Documents of which registration is compulsory
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;

Sir, These documents (Gift Certificate & No Objection Certificates) were registered in 1989 and only then was the mutation to my fathers name possible.

Now, basis this, can my mother and her living sons claim our right to that property?

Sir, request your response as this matter is very vital in our claiming the rights to the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register