Back dated regn of immovable properties
Advocate.Amol Choubal
(Querist) 25 August 2013
This query is : Resolved
Dear Expert i would like to state my case.
Their is an property in Kalyan registered under the name of Mrs.X aged 70 years the property is an ancestral property bequeathed from her husband. that lady had one daughter that daughter got married and had son later that daughter had divorce with her husband. In the mean time the Mrs. X died few years later daughter of Mrs. X also died that daughter had son who sold his grandmother property i.e. Mrs. X property to Mr.Y by signing a formal sale deed mentioning as a legal heir of the property.The Grand son had not taken any steps for obtaining succession certificate from court before selling the property nor had transferred the property in his name at KDMC. later the property was sold by his grand son to Mr. Y for Rs. 1,70,000/- The agreement signed by the grandson was notarised on 100 Rupee stamp paper. later the transfer was not effected at KDMC as the deed was not regd.later The grandson of Mrs.x committed a murder and went absconding. The EX-son in law of Mrs. x after his divorce had married to another women and had son and today this son is creating nuisance stating that i have the stake in this property being the property belongs to the Ex-mother in law of his father.
Dear Experts whether this claim is maintainable ??????????
Secondly can this agreement be regd under adjudication on payment of Stamp duty, penal Interest, and Regsitration fee at Thane District REgistrar of Sub-assurances,Thane ?
Kindly revert
Regards
Adv.Amol Choubal
Anirudh
(Expert) 26 August 2013
Dear Advocate Anmol,
As a lawyer, you have to be very clear while giving the facts, which I find that you are not in the above post.
1. You state that "the property is an ancestral property bequeathed from her husband." Pl. note, any ancestral property (if it is undivided) cannot be bequeathed. If partition had taken place, then the share falling to anybody will be his personal property (unless that person has his children in respect of whom he will be holding the property as coparcenary property).
Therefore, you have to be clear on this point first.
2. Further when the property came to the old lady, it is her personal property and not anymore having the character of ancestral.
3. Upon her death, naturally the same will devolve by way of inheritence upon her only daughter.
4. Upon divorce, and upon the death of the daughter, the property will devolve on the only son of the divorced daughter - whether any succession is taken or not.
5. However, the notorised sale deed has no force or recognition in the eyes of law. Unless the absconding grandson comes back, the question of executing registration of the sale deed in favour of Y would not arise.
6. In the meanwhile, the son of the divorced son-in-law has no right whatsoever lay any claim on the property in question.
7. In case any one tries to dislodge the possession of Y from the property, then Y has to defend his legal possession by showing the unregistered (Notorised) document in his favour. However, on the basis of the notorised document Y himself cannot first approach the Court. It is only when somebody tries to disturb him then he can approach the court and try to obtain injunction those who are disturbing.
Rajendra K Goyal
(Expert) 26 August 2013
Well advised by the expert Anirudh ji, nothing more to add.
Raj Kumar Makkad
(Expert) 27 August 2013
The son of the son in law of Mrs. X has no right, title or interest in the mentioned property as the same exclusively belongs to real son in law of deceased Mrs. X who has agreed to sale the same in favour of Y.
Y can definitely retain his possession qua outsider having no interest qua the said property by way of getting an injunction order.
