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Karthik (Manager)     12 July 2013

Property obtained through dhana pathiram-problem in selling

My mother had a property worth 5 cr in Tiruchirapalli .My family  comprises of myself, two brothers(one deceased) an two sisters. All my siblings are married and with childern. My mother wrote this property in in my name through Dhana pathiram in 2005. In that she had mentioned that there was a cash settlement made to my siblings and that they do not  have any right in this porperty( in reality no such settlement was done to any of my siblings). They are not aware that this property was written in my name . My mother passed away 3 years back

I am planning to dispose off this property. I need to know:

1. Whether my siblings can claim a share in this property thought I own the same through Dhana pathiram

2. If I need to sell the property , do I need the signature of my siblings?

3. Will the buyer ask me to show the settlement done to my siblings ?

please advise

Ps:My father passed away many years back and this property is my mothers own earning

 



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 4 Replies

Anirudh (Advocate)     12 July 2013

If the Dhanapatram is not registered and if the stamp duty had not been paid on it, then the same is an useless sheet of paper.

In that case, all the siblings will get equal share.  THERE IS NO ESCAPE.  Before that, you cannot sell the property at all.  Even if you sell and if there are any purchasers, the buyer will not get clear title to the property.  Later on he will sue you for selling a defective property and will demand damages from you.

 

Karthik (Manager)     12 July 2013

Thanks for your reply. The Dhana pathiram is registered in my name. But as mentioned in the pathiram, there was no settlement made to my siblings and also the is no proof if the buyer would ask for the same.

will this cause a problem while selling?

 

 

Karthik (Manager)     13 July 2013

Can somebody clarify on the above scenario. This is urgent as I intents to dispose off the property soon

T. Kalaiselvan, Advocate (Advocate)     10 November 2013

If the property belonged to your mother and she had a perfect title over the property and had executed a registered a settlement deed in your favor,it is fully valid and you can proceed with the transfer of revenue and other records in your favor to confirm the title in your name.  Your siblings or other blood relatives cannot stake claim in the property being a woman' property hence you do not need to obtainthe signatures of your sisters for selling it.


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