part Consideration paid while purchasing immovable property
Querist :
Anonymous
(Querist) 27 July 2011
This query is : Resolved
Dear all,
While purchasing a property, my father has paid 1/3rd consideration and remaining is paid by my grandfather. however, no document is executed and registered as it was purchased in 40 years ago.
The property stands in my father's name. the ration card and elctricity also stands in my father's name.
now my grand father is dead and my other relatives are claiming the interest in the property.
I have following queries
1. who is the Owner is such case?
2. what happens if the part consideration is paid by other member? what is his right?
3. are Ration card and Electricity Bill proof of Ownership?
4.what is the right of the Legal heirs of my grand father? are they entitled to the property along with my father?
Please answer my questions..
Thanks in advance.
R.Ramachandran
(Expert) 27 July 2011
Since the property is in your father's name, your father is the absolute owner of the same. Nobody can challenge the same. So long as your father has the Original Sale Deed in his name, he need not worry. There is no need for any ration card, electricity card etc. etc. to prove the point. Do not argue with them. Do not say anything now to anybody. Better keep the Original Sale Deed in safe custody - also take 2-3 photo copies (both sides) and keep them at different places. DON'T WORRY ABOUT ANYTHING OR ANYBODY. IF ANYBODY FILES A CASE CLAIMING ANY PROPERTY, APPROACH A LAWYER AND DEFEND YOUR CASE. DO NOT SAY THAT YOUR FATHER PAID ONLY 1/3RD AND REST WAS PAID BY YOUR GRAND FATHER ETC. YOU NEED NOT SAY ANYTHING AT ALL TO ANYBODY. KEEPING QUIET EVEN WHEN SOMEBODY PROKES YOU SHOULD BE YOUR POLICY.
Querist :
Anonymous
(Querist) 28 July 2011
Dear R.Ramachandran sir,
in my case there is no Sale deed executed. only a piece of simple paper is there on which the fact of selling the property is mentioned. The same paper has signature of vendor and witnesses on revenue stamp paper.
Please advice.
R.Ramachandran
(Expert) 28 July 2011
In your original post you said: "The property stands in my father's name."
It only means that the property stands in your father's name in the Registrar's records. The name will be there in the registrar's records only if there is a Sale Deed in favour of your father.
If that is not the case, then you have to come up with complete facts.
Please remember, the replies are based on the facts revealed. If you hold back some facts, then the risk is yours.
Querist :
Anonymous
(Querist) 29 July 2011
Dear R.Ramachandran sir,
i beg your parden. i am sorry but i did not mean to hide any facts.
anyways, in my case there is no Sale deed executed. only a piece of simple paper is there, on which the fact of selling the property is mentioned. The same paper has signature of vendor and witnesses on revenue stamp paper.
Kindly give your precious advice.
R.Ramachandran
(Expert) 29 July 2011
It is not possible from the facts revealed by you to come to any reasonable view. I do not know where you are located.
If you are in Delhi, and if you feel so, you can come and meet, show the documents. Otherwise, you have to approach any local lawyer and consult by showing all the documents in your possession.
Querist :
Anonymous
(Querist) 29 July 2011
All right sir. that would be better for me.. Thnx for ur guaidance..
