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Mohit Kumar (Na)     06 September 2022

Ownership of home

My father had bought a property in 1981 and constructed house. He has his 3 siblings staying in the same house. The land was purchased on bond paper, it's not registered till date. My father passed away 3 years back, now his one sibling has demolished some part of house without our consent and started construction. The other sibling with help of gram panchayat and pdo has added his name in the village gram panchayat records. What would be the legal process to get the property registered on my name, my mother is still alive. Is it possible to take a legal action on them.



Learning

 7 Replies

Dr J C Vashista (Advocate)     06 September 2022

You have mentioned that,

".....The land was purchased on bond paper, it's not registered till date........" means that the original person (seller to your deceased father) is still owner / titleholder of the land since any transfer of title (ownership) has to be compulsorily registered on stamp paper of appropriate value.

Mohit Kumar (Na)     06 September 2022

Yes sir, the seller is still the title holder. What are the options which I can proceed to get it registered. The sellers are deceased as well and the legal heirs are daughters but their names are not displaying as title holders. Kindly guide me.

Dr J C Vashista (Advocate)     07 September 2022

Where did you find LRs (daughters) of deceased seller is not appearing as title of the subject property in municipal / gram panchayat records ?

Mohit Kumar (Na)     07 September 2022

Thank you for your prompt replies sir.

In the gram panchayat records in the 7/12 paper the deceased owner name appears and not the daughters.

P. Venu (Advocate)     07 September 2022

Is it the case that the property has been purchased on payment of consideration or that your father and siblings happen to be in possession?

Mohit Kumar (Na)     07 September 2022

The property was purchased by my father. The siblings do not have their name in the bond paper but as a good will he gave rooms to his siblings to stay as well but never gave that in written, there were no problems till date. But his brother sons (my cousins) have demolished part of the home and doing construction and suppressing us now and not making us live in harmony.

 

P. Venu (Advocate)     07 September 2022

The legal heirs of your father (i.e. your mother, you and your siblings) can take a chance in executin a partition deed among yourself and make an attempt to proceed against the cousins.


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