I am a hindu and i own a property jointly with my brother which was purchased on 12/1/1982. I am the first owner and since we were minors then the agreement states my mother as guardian. Today since stamp duty act is applicable and in those days it wasn't hence the agreement are on stamp paper and they are with my father. The property was funded by my father but he purchased it in our names. As of today can I take possession of the property and do I have legal rights to claim it. I am being harrased because I had a love marriage and the boy is from a lower caste i am being bullied and threatend by my family to give a POA and they will decide how much consideration I shall get in return for the property otherwise they will give it to my younger sister and brother. I am debarred from entering the house as well. Does the law permit a daughter to claim fathers self acquired property. What are my chances.
1) If property is purchased on your name means you are the owner of the property. Wgo had funded it, that won't make any difference.
2) So don't sign on any POA under pressure.
3) They can't give your property to any one as you have all rights. Try to collect mutation papers and prepare document of property till date.
4) If you have done love marriage try to make it successfully and take possession of the property ASAP.
1) your father can file declaratory suit that he is absolute owner of property as it was bought in joint names for benfit of joint family
2) dont execute any POA in favur of your father
3) your father cannot give the property to your younger siblings
4) daughter has no share in self acquired property of father
1. it is not clear whether the a deed of sale was executed and registered or not.
2. If yes then there is no need for payment of any stamp duty in today's date.
3. Since your name reflects in the deed you will be treated its co-owner and hence if your share in the property is refused you can seek legal recourse.
4. In legal recourse you can file a suit for declaration and partition to get back your share and possession. Mere payment made by your father during your minority does not relinquish or weaken your right in the property.
Since your name is mentioned you surely have right to seek for share in property. If they refuse to give your share fIle a suit for partition.
Secondly do not execute any POA in anyone's favour. They cannot give your property to your siblings. Merely because father has funded for purchase does not make it his self acquired property.
Yes, you are the title holder of half of this property (the other half belonging to your brother).
You do not have to stop down before the unjust demand of your family of giving them a POA.
Go and take possession over your Share of this property.
If any resistance is meted out to you, approach the civil court.
Daughter too has a share in father's acquired property, just like the son.
There is a Sale Deed in the name of me and my brother in brackets my mother is stated as guardian but it's not registered. I went to the registration office to register the property but I was told it won't happen because I need the builder to be present plus I have to pay the stamp duty on today's market value which goes to 45 lacs because the value of the property is 15 Cr. I am going through a very tough financial situation so to pay The stamp duty is not possible. The society is not helping in anyway i dont know where i will get other documents from. I want to take legal help and take possession as there are outsiders who are staying there for long period of time. What's the best solution for me as I have 2 small kids and this property can help me secure their future. And what's the procedure for taking possession as I know if I go there I am not going to be allowed in so easily.
Find a buyer for property on as is where is basis
2) take advance from purchaser and pay stamp duty with penalty
3) approach seller to execute deed of confirmation
4) have it duly stamped and registered
1) Get mutation documents of the property. And current municipal taxes, and property card or index II on whose name
2) Provide your all details name and address of the property.
Please call me via consultation call.
1. Indian Registration Act was enacted in the year 1908 and Indian Stamp Act was enacted in the year 1899.
2. So, both the above Acts were applicable on the said purchase of land in your names which were required to be registered as per law to have legal enforceability.
3. Hence, the agreement, as stated by you in your query, executed in your and your brother's favour does not convey the title of the property to you in absence of registration of the title deed in your favour.
4. First you shall have to establish that the property belongs to you though it was not registered for which you can get the sale deed registered by the vendor or his legal heirs in your names.
5. If the property is registered in your and your brother's names, you can file a partition suit claiming your share on it.
6. In case your father has demised intestate, you have equall right with your siblings and mother on the properties left by your late father.
1. If the sale deed for the said property has not been registered in your and your brother's name then it does not belong to you at all as per law.
2. To demand possession and partition of the said property, you shall have to own it first.
3. For owning the title of the property jointly with your brother, you shall have to to register the sale deed of the said property.
4. The vendor or his successors may claim the said property later on since it still stands in the name of the vendor in absence of the registration of the sale deed in your favour.
5. Discuss the matter with your family members and then try to get the sale deed registered first by paying the stamp duty and registration fee as per current market rate otherwise you shall not get the title of the said property.
During the lifetime of your father you cannot claim father's property. If he gives by guftvor will is different. You can check who is the current owner of that property. If in owners name you find your name then you can claim right on your portion in the property.
For how many years the outsiders are staying there? Who are they? Did you family members or you father gave them permission?
If the property was purchased on joint names by a registered sale deed then you ar entitled to an equal share to that of your sibling as a joint owner of the property.
You do not have to be afraid about their threats or scared by the developments.
Though your father funded for purchase of this property he cannot claim any share it as his rights.
You can file a partition suit claiming partition and separate possession of your share in it, let them explain their justification in court and the court to decide based on the argument of both the sides.
The unregistered sale deed cannot be enforced in law or court
The stamp duty has to be paid as applicable to acquire the property.
However you can file a partition suit in the court of law, let the court decide abut it, if the court instructs to pay stamp duty then you may involve the joint owner to bear the 50% expenses or you may inform court that you are ready to bear the stamp duty with regard to your share alone.
You may discuss with your advocate before taking any decision
Without registration a sale Is not valid as such you will have no right on property or for seeking possession. The available option Is to approach builder and get the property registered paying appropriate stamp duty as per today's market value.
File a suit under specific performance act asking the direction from. Court to hand over the rights of property and also another suit asking a stay for not creating 3rd party interest in the said property
