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Smart Developer (Law)     17 January 2013

Sell a property

Respected sir,

We have a property distributed by my father before his death, its been distrubuted to myself, my brother and to my step mother.

The land that is distributed by my father which was purchased by himself and by my mother (not step mother.).

We have a house on this piece of land, but since the place where house is constructed was in the name of my mother and father, that piece of land could not be given to my step mother in which she is currently staying.

While the registration was done my father put a clause, that unless my step mother dies she should be allowed to stay in the house. This is not a will but a REGISTRATION.

The REGISTRAR when went through the document and disagreed with the clause and said this is not possible as my step mother cant be allowed to stay which was in my mothers name. He finally agreed as he was a known person to my father.

My question is:

Can i re-register removing the clause? Because in registration you can put any clause.
Can we sell the land that my father has alloted to us?
Can my step mother create issues? If so what are they?
Would the REGISTRAR come under scrutiny if we have to go legally?


 



Learning

 1 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     25 January 2013

See registration or no registration rights are created and transferred by the people who hold those rights the registrar or the registration does not create any right it comes into picture because it is the statutory requirement.

So when your father  created rights in favour of your mother these rights will always remain valid unless she forgoes those rights voluntarily.

Your step mother staying there still the registration can be done but subject to her rights. Rwgistrar has no business to go into individual clauses when nothing illegal is envisaged. 

Only avenue open for you if intend to sell you can do so subject to her rights provided somebody is willing to purchase that property. 


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