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Shanti (Secretary)     02 April 2014

Please help - registered deed is being challenged

Dear all, 

I'm seeking your kind advice on my issue below:

My grandfather registered a property release deed in 1975 which was signed by his four brothers as well, in front of the registrar and attorney. The property title wasn't changed immediately and the property bills keep coming in the name of his father ( my great grandfather) even today. None of his brothers are occupying the property since 1975 and they haven't contributed to any maintenance with the understanding that the separation is complete. 

Now we have to repair the property since it's in shambles and we need to change the title to my parents, so we submitted an application. As per process all my grandfathers brothers were sent notices and their children appeared in court. They're now saying that they didn't sign the deed 38 yrs ago and that's its invalid. My grandfather passed away in 1992 and two of the other siblings also passed away. 

Can the opponents prevent us from changing the title to my parents names in spite of a registered deed ? If yes, what options do we have ? What should we do ?

Kindly advise. 

Sincerely,

Shanti Sridharan



 3 Replies

Advocate Vishnu (Advocate)     02 April 2014

The legal heirs of your grandfather's brothers have no right on the property in lieu of the registered release deed. Since you have been in occupation of the property from 1975, you have a very strong possessory title and you will definitely succeed in the court of law if the legal heirs try to deny your legal right. In one of the decisions of the Hon'ble Supreme court of India, it has been affirmatively decided that the property receipts do not give any legal right on the property as they are intended to provide revenue to the local administrative body ( corporation, municipality, panchayat). You may seek the mutation of the revenue records in your name citing the registered release deed which was executed in favour of your grandfather.Best wishes.

1 Like

Advocate Vishnu (Advocate)     02 April 2014

b.goheel   28 January 2016

sure this advice of senior will be helpful to other.


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