Background: My parents have given a commercial property(3floor building) as a gift during my marriage in 2008 and they given a gift deed. Unfortunately the gift deed was not registered but it has signed by my father and other 2 uncles(father brothers), and 2 witnesses. Actually the property was on my grand mother's name. After my marriage my Sister(elder) had a fight with my parents and got share in the same property. but my parents didn't make any document(Deed) on her name. But they decided to share the property to both of us and they told that ground floor belongs to me and 2nd floor will be for my sister and 3rd floor has to share by both of us. in 2017, My parents have made a patta in revenue office and Tahsildar has signed and given the patta for me and for my sister and they didn't mention about the share of floors. Now my sister had made tax documents on her name for all 3 floors and she has given the ground floor to a new tenant without my consent. Unfortunately my mother has died in 2018, So the original patta document kept with my sister before I travel to USA. She is not giving my original patta document and rents to me. Now she is asking my father for 1st and 2rd floors to register on her name among 3 floors. Since I am in USA, I want give a GPA to my relatives to file a Lawsuit. Please advise that If I will file a lawsuit. what floors I will get for my share as per Hindu act. I am the younger sister. Actually I want to file suit for ground floor and 3rd floor. Please advise. Also, I wanted to stop rents from tenants to my sister. Please help.
1) you can execute POA in favour of family member to file suit
2) you can file RTI application and obtain copy of patta
3) unregistered gift deed is not admissible in evidence
4) request your father to execute gift deed in your na e for ground and first floor
5) patta does not confer clear and marketable title to property
6) it is only for payment of property taxes
Both you and your sister have equal undivied rights or share I'm the building.
The revenue record in the name of your sister shall not make her owner of larger share.
Now to claim your half share and to demarcate the same file a suit for partition and injunction immediately.
Thank you so much for the advise. I spoke to my father but not useful. My sister and her husband is influencing my father and make him mentally not stable. but If I will file a lawsuit, what floors I will get for my share? Also, can I use patta photo copy for evidence in court? also unregistered gift deed as a evidence even though it is not useful.
Thanks for the advise. If I will file a lawsuit, what floor I will get for my share(Partition) as a younger sister as per Hindhu act.
Patta does not confer title to property
2) you need registered gift deed from father to be entitled to some floors in property
You will not get any floor as patta does not confer title to property
If you mutually agree you can divide the same as per the mutual agreement. If you file a suit it will be on courts discretion
1. The property still stands in the name of your deceased grandmother and after her demise all her legal heirs including your father, Uncles and Aunts are entitled to equally inherit the said property.
2. When your father has not registered the gift deed transferring part of his shares of the said property in your name, you are not entitled to the same during his lifetime.
3. Ordinarily Patta of land is given to persons occupying Govt. land and based on the said Patta, ownership is awarded by the Govt. It is no clear as to how you have got the patta for the property which already stood in the name of your grandmother.
4. You can file a partition suit claiming claiming the share mentioned in the unregistered gift deed using it as an evidence.
5. Your father is still alive and the property has been transferred in his name after the demise of his mother being your grandmother. So, he is at liberty to deal with his property in any way he feels like.
6. If your above mentioned grandmother is your mother's mother, then you can file a partition suit now itself claiming the floors mentioned in the unregistered gift deed signed by your mother and others.
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1. If the property is standing in the name of your father or he has inherited from your grandmother, then you have no right to claim any share of the said property during his lifetime.
2. After the demise of your father you can claim the floors mentioned in the unregistered gift deed using it and also the patta as evidence.
1. As per the Act, you shall get equal share of the said property.
2. If your partition suit is admitted, a commissioner appointed by the Court will divide the property by metes and bounds ensuring that the value of each partitioned share is equal.
First of all the property in question is still on your father's name and has not been legally divided between you and your sister by your father.
The oral partition by your father is not legally valid especially during his lifetime.
Therefore you have to ask your father to divide the property between you and your sister as what you say, if he accepts your request he can go ahead, however it is his own decision whether to accept your request or to reject it, because he is the absolute owner of the property.
In fact he is only entitled to receive the rental income also and not your sister, hence he can very well stop her from taking the rental income from the tenants.
Therefore you can neither ask for a share in the rental income nor you can file a suit for partition or you have any rights to choose the particular share(s) in the property as your share.
You can discuss with your father and take decision accordingly.
The unregistered gift deed is not an evidence to stake your claim in the property.
You cannot ask for a share in the property as a right, forget about claiming the particular share as desired by you.
The patta is also not a title document hence your sister cannot claim any rights or title to the property on the basis of the patta or tax receipts.
Your father only has to take a decision on this and you cannot force your father to allot a share in the property to your name for any reasons.
Therefore any action that you intend to initiate including filing a civil suit would not be maintainable because your father is the absolute owner of the property.
As per Hindu act or civil law, you are not entitled to any share in the property at least not during the lifetime of your father, hence the lawsuit what you intend to file would not be maintainable or tenable in law.
In fact your lawsuit will not even be entertained by court since you do not have any rights on interest in the property hence you are not entitled to any share in the property, therefore the suit that you may file in this regard may be rejected.
The best thing what you can do is to convince your father and try to get a registered settlement/partition deed executed accordingly.
Dear Querist
You may file a civil suit through Special Power of Attorney, drafted signed, and executed by you which should be attested before Notary Public and if possible then maybe registered but as you are in the USA, registration is not possible.
You may claim the property as per Hindu Succession Act-1956 as that property was given to your parents by your grandmother then this gift deed can be considered as a family settlement deed as this gift deed is unregistered hence, it is no value in the eyes of law.
As per your information that "in 2017, My parents have made a patta in the revenue office, and Tahsildar has signed and given the patta to me and for my sister and they didn't mention the share of floors"
YOu shall get half of that property.
For Patta, you may file an application for a certified copy of the same from the concerned department and after taking that certified copies you may produce the same before the court because photocopy of the documents is not admissible as a piece of evidence.
Dear Ma'am
As per the relevant laws, you would be entitled to an equal share in the property, not any particular floor.
You can reach an agreement with your sister of which floor you want or let the court assign it.
Thank you
- As per the registration Act, an unregistered gift deed having not value in the eye of law.
- Further , in the absence of any legal transfer documents you sister cannot claim ownership of any portion of the property which was given to her by your father.
- Further , patta is a legal document issued by the Tehsildar , and the person who holding a registered government patta is also termed as pattadar if related to land.
- Since both names are in Patta , then you can apply for rectifying the patta after submitting an application for the same and to entered the shares of both .
- If the papers are with sister , then you can apply for getting the same from the respective office of tehsildar.
- Further she cannot claim the share as per her wish , and you can file a suit for getting your share in the property.
- Since, you are residing abroad , then you can give POA to any relative or nearest one to approach the court and to engage a lawyer on your behalf.
- If she is receiving rent , then you can move an application with the said suit before the court for depositing or sharing the rent .
- As per Hindu law, she can claim equal share in the property .
