• Proof of property ownership in case of several partners

Area: Meerut, UP

I have a question related to proof of ownnership in case a property was bought 20 years ago ( in 2001).
In particular, a plot was bought by my combined family (my father and his 3 brothers). Or at least so it was told to me at that time. In this case all four names are written with typewriter in a buyer seller document(in Hindi: Kreta Vikreta patra Saknayi) . But only one name with photo and signature is on the Registry stamp paper ( Rs 20000 with sub.registrar office stamp). All other 3 names are not on the Stamp paper document.

Question: Legally speaking, does it mean that the all 4 are equal owners of the property or only the one with name on Stamp paper registry??
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

The registered sale agreement contains only one name although you were told that there would be 4 shareholders. 

But as the registered sale agreement contains only one name, that person is the only owner of the property as per the document.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

All the brothers can claim share in property as it was bought out of joint family funds 

 

your father is not absolute owner of property 

Ajay Sethi
Advocate, Mumbai
97465 Answers
7880 Consultations

- If the said property documents having four names as purchaser , then legally they are the owner and having equal share in the property . 

- Mentioning four names in the stamp paper as purchaser of the stamp is not mandatory. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

No proper opinion can be rendered without perusing the document in question.

You may better produce the documents before a local lawyer nd get his opinion directly instead of giving incomplete information to your question.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

1. There was registration of the sale deed paying stamp duty in favour of the buyer/s.

 

2. The person/s in whose favour the said sale deed has been registered will jointly hold the title of the said property.

 

3. Obtain the certified copy of the said sale deed to ascertain the names of the title holder/s of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27512 Answers
726 Consultations

Dear Sir/Ma'am

The registered conveyance deed and the terms under it decide the ownership rights of the people. Thus if the conveyance deed mentions name of all four people, all four of them will be the joint owner of such property. If the sale deed registered on stamp paper is in name of only one person then that person will be the sole owner of the property. Sale agreement cannot confer right or transfer rights. Only the registered sale deed can transfer the rights or create new rights in favor of someone else.

Thank you

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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