Streedhana property-reg
Advocate Ravinder
(Querist) 07 June 2017
This query is : Resolved
Dear Learned Friends,
Mother had given a house to her married daughter towards Streedhana Property (Pasupukunkuma in Telangana) few days after her marriage on a Bond Paper and it is not registered.
Now the daughter wanted to sell that property to my Client. Her husband has no objection. Can my client purchase such land by way of registered sale deed. We he get legal title or will there be any problem.
Kindly clarify me about the above legal position.
--Ravinder, Advocate, Hyderabad.
Dr J C Vashista
(Expert) 08 June 2017
The property is not yet transferred in the name of daughter hence she is not the title holder till "gift deed" is registered.
There is no provision in Transfer of Property Act to recognise any unregistered bond.
Of course mother can sell it if she is absolute title holder, please check it.
Advocate Ravinder
(Querist) 08 June 2017
Vashista Sir,
But I have a citation saying that the Streedhana property need not require registration. Can it help me in any way.
Adv. Yogen Kakade
(Expert) 08 June 2017
While executing the sale deed, you have to submit the mother deed along with the final conveyance. And the unregistered document can not be accepted by the sub-registrar.
Adv. Yogen Kakade
(Expert) 08 June 2017
Only the title holder of the property as per the revenue records can execute such sale deed and no one else.
Adv. Yogen Kakade
(Expert) 08 June 2017
Citations can not be attached with the sale document while executing the registration process. Citations can be used only at the time of disputes.
Guest
(Expert) 08 June 2017
I agree with Vashista Sir .
Curiosity came in my Mind , you are taking husband stand (Although most of the women in India still listen to husband ,father and brother regarding property matter) But you are totally silent about the Mother of that lady.
What is the stand of other legal heir of that Mother (If they take objection in future) .
And from where property came in hand to Mother , so on.
So under circumstances procedure adopted will lead to 100% legal dispute
Dr J C Vashista
(Expert) 08 June 2017
Thank you Madhu ji for agreeing with me.
R.K Nanda
(Expert) 09 June 2017
nothing to add more
Advocate Ravinder
(Querist) 09 June 2017
Thanks for all learned Advocates for giving their valuable views.
Kumar Doab
(Expert) 09 June 2017
The estate involved is immovable property.
The gift deed should be registered.
Kumar Doab
(Expert) 09 June 2017
Mr. ravinder,
Pls post the detail/link of the citation.
'But I have a citation saying that the Streedhana property need not require registration. '
Advocate Ravinder
(Querist) 09 June 2017
To Kumar Doab.
Sir, It has mingled in the record room. Pl give me some time may be three to four days. The citation related to Immovable property only.
Dr J C Vashista
(Expert) 10 June 2017
Thank you Mr. Rajendra K Goyal for agreeing with me.
