Sale deed registered without proper documents
Querist :
Anonymous
(Querist) 23 April 2010
This query is : Resolved
My father have purchased a property in 1969 and 1974 on my mother's name. He was doing job at Zilla Parishad,Bharat Forge and then grocery business. My mother sold to my younger brother & his wife in 2008 @ Rs.16 Lakhs. There was no transfer of the consideration and this matter was hidden from myself and my sister for 1 year. In 2009, we understood this from other sources.
My father expired in July, 1998.
The sale agreement was supported with documents which were 12 to 29 years old.
Original purchase deed, 7/12 abstract, IT clearance,are not attached.Property identification is incomplete and vague.
My sister have sued them all asking her share but mother, brother and his wife are avoiding to accept the summons since last 6 months.
Now brother is threatening my sister and her husband but no solid proof with us.
My mother has filed a false complaint against me with the police but I had replied with the facts which state that complaint is false but now the police are not acting against the complainant.I had given reminders, asked information under RTI, but in vain.
My sister does not have proofs of our father doing any job. Mother claims that the entire property was earned by her. She says that she was doing various business before and after marriage, she received money from her father etc but there is not a single paper evidence. She also claims that my father was alcoholic before getting married till his death. There is no medical history, no police cases, absolutely nothing to proove this.
Looking at the incomplete and old documents attached to the sale deed,how shall I ask for cancellation of this sale deed of March, 2008
Raj Kumar Makkad
(Expert) 23 April 2010
There is settled law that who so ever is shown owner in the column of ownership, shall be treated as true and exclusive owner of the property. As your mother is shown as owner so she is the sole and exclusive owner of the property in question and as it is her self acquired property so she is free to deal with it as per her own whims and wishes.
Querist :
Anonymous
(Querist) 23 April 2010
I could not agree because;
The purchase agreement of 1969 clearly says that the profession of my mother was "Housewife" So she can be held as coparcenary. Further the original purchase agreement, 7/12" abstract, IT clearance was never attached while registering the deed. The property is not self acquired but my father purchased it on her name. she was not earning before and after marriage.
Raj Kumar Makkad
(Expert) 23 April 2010
I can do nothing if you are not satisfied but this is legal provision. Taxation provisions or sources of purchase has nothing to do with while defining the nature of property.
