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Banshilal Das (Executive)     25 November 2025

Right of ownership of the building

My parents applied for a House in PM Awas Yozna in 2017. Till 2023 councillior showed any interest without cut money. In Dec' 23 it was approved. My father got money and started a two roomed house with own contribution too. But in March'24 he became ill and registered in my name  the land (Not the incomplete house) ..Till Oct he was alive. After his death when I go to the municipality to change the record of the building they said as there is no mention of House in the "Dan Patra'' the building is for all survivals but I am the absolute owner of the land(only).

Now the can't give me any permission for the further construction of the building.

Now a long pending maintenance case of extranged wife ordered a property attachment.

Total due is over 900000(becoz maintenance order revised and arrear calculated as 5.34 Lac 

I works in a pvt com aged 55 years. How can I save my only home in this case as other 3 sisters are not ready to leave their hissa in the building....

How can I sell the building and pay the wife's arrear???? Please Suggest.



 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 November 2025

I'm so

Your situation involves complex property laws, inheritance, and maintenance case complications.

 You might want to consider consulting a lawyer who specializes in property and family law.

 They can guide you on the best course of action, such as: - Exploring options to contest the property attachment

- Understanding the implications of the "Dan Patra" document - Possibilities of selling the building or finding alternative solutions -

 Negotiating with your estranged wife's side to settle the maintenance dues It might also be helpful to talk to a financial advisor to understand your options for managing the maintenance dues and protecting your interests.

kavksatyanarayana (subregistrar/supdt.(retired))     25 November 2025

Your parents applied for a house under PMAY. Was the amount paid to your father only? Your father gifted the land only but not the house, when there are two rooms with suppression of the fact of an incomplete house/two rooms.  And your mother and your siblings also have equal rights over the incomplete building.  So the objection raised by the Municipality authorities.  Try as advised by the above learned expert, Sri Ramachary sir.

Dr. J C Vashista (Advocate )     26 November 2025

Vague and incomplete facts cannot lead to form proper opinion and oblige.

T. Kalaiselvan, Advocate (Advocate)     26 November 2025

You may better discuss your problems with all relevant documents with a local lawyer and proceed as suggested.

Dr. J C Vashista (Advocate )     28 November 2025

It is better to show relevant records to a local prudent lawyer for proper analyses of facts/documents, professional advise and necessary proceeding.

Jatin Bajaj   28 November 2025

As per section 8 of Transfer of Property Act, transfer passes all interest except as specifically excluded. As per section 54 of transfer of property act along with reg act 1908,  transfer of immovable property must be through a valid deed. Your father exceuted a gift deed only for the land but not for the buiding. Hence land is your absolute ownership but building is still a part of your father's estate. As per the Hindu sucession Act, the building becomes the joint property of class 1 heir (You + Your 3 sister + mother) and therefore muncipality cannot mutate the entire property in your name. Municipal bye laws only allows permission when applicant has the clear and exclusive title to the land or structure as the case may be. Since building is a joint inherrited property, NOC from all sister and mother becomes mandatory. Only your share of property can be attached. As land is 100% in your name, so entire land can be attached. Building is jointly inherrited, your undivided share can be attached. Sisiter share cannot be attached as CPC protects the property that does not belongs to the judgement debtor. You cannot sell the entire property unless conset from all co- owners are required or you file a partion suit. After partition your portion becomes exclusive property that can be sold. First of all you have to file the application in the same court for imAw mediate stay on attachment . Secondally take NOC (REGISTSRED RELIQUISHMENT DEED) FROM YOUR SISTERS AND THEREAFTER BUILDING GET MUTATED IN YOUR NAME. yOU CAN CONSTRUCT AND SELL AND MUNCIPALITY WILL APPROVE THE MAPS. F

1 Like

P. Venu (Advocate)     02 December 2025

The facts posted are too confused and disjointed to suggest any meaningful remedy.


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