get signature for the transfer of property
Querist :
Anonymous
(Querist) 08 September 2022
This query is : Resolved
We are three brothers(elder Trimurti, middle Ganesh and younger Naresh). I am the middle one. Our father's name is Maruti.
Naresh was adopted by the my father's elder brother, Tanaji. So Naresh is now owner of all the possessions like land, house property of uncle Tanaji. He does not have any share in my father's property.
Trimurti have common share with me in all the belongings of my father.
Issue starts from here.
We(Naresh and Ganesh) lived in house which is on the name of Maruti 50% and Tanaji 50%. My elder brother Trimurti has the equal share in 50% part of the house with me. And Naresh has whole 50% inherited feom uncle Tanaji.
Now, Trimurti went out of the house when he got married and built a home on my father's other property. I also gave my consent for that transfer of property.we have the application document for that consent as well. However verbally it was decided that other property that is whole 50% will be transferred on my name.
This is past story.
Current situation is as below.
My uncle Tanaji had another plot on his name and is inherited by Naresh. Since I have only one son, and Naresh has 2 sons, me and Naresh decided that I will transfer entire 50% that I own in the house to Naresh and he will give me the plot where I will build my separate house.
The 50% part of the old house is still on the name of my father. But to transfer it to Naresh's name I need consent of my elder brother Trimurti. Naresh trnasferred the plot of uncle Tanaji as decided to me.
We created a new stamp agreement of 100rs. Where I and my elder brother mentioned that we are giving our share of the house to Naresh. As plot was already transfrred to my name i built my separate house on that plotby taking laon of almost 12 lakhs.
The only thing remains now is to transfer the old house to my younger brother Naresh. However now my elder brother Trimurti has changed his mind and is saying he will not transfer his share of the house and demanding 2.5 lakhs to do so from me. We told him that you have signed the agreement / stamp paper with 6 witnesses, how can you betray us now.
What can be done in this situation to get that old house where me and Naresh used to live to get transfrred to Naresh entirely. On stamp paper ,Me and my elder brother both mentioned that we are giving this house by our own free will to the Naresh and we have 6 witnesses as well. So can it used to force Trimurti to transfer the house?
kavksatyanarayana
(Expert) 10 September 2022
You and your brother are releasing your rights over the house to Naresh, it will be treated as a Relinquishment/Release deed that requires proper stamp duty and registration. So you shall consult a local lawyer to examine the document and for further guidance.
Dr J C Vashista
(Expert) 11 September 2022
Too long a story.
After adoption Naresh has no right, interest, claim or title in the property of Maruti but shall inherit the property of adoptive parents i.e., Tanaji.
Maruti's property shall devolve upon his legal representatives excluding Naresh.
Consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.
