Ownership of the house
Madhur Singh
(Querist) 24 July 2013
This query is : Resolved
Respected sir,
Ram has a house obtained in 1985 by the way of unregistered deed executed by his father. But the front portion of the house even 33.45 meters was Nazool land, for which in 2002, a free hold deed has been executed in favour of Ram. Mutation and up to date house and water tax receipt are also in the name of Ram in the Palika office.
Can i purchased this residential house and ram has legal right of ownership or not?
Raj Kumar Makkad
(Expert) 26 July 2013
Ram is not legally owner to that property as the ownership has never been transferred in his favour.
Raj Kumar Makkad
(Expert) 26 July 2013
I do not suggest to purchase that property as there is high risk involved.
prabhakar singh
(Expert) 26 July 2013
If RAM's FATHER who executed unregistered sale deed in favor of RAM is DEAD and RAM is the only heir of his deceased father only then You can go ahead.
In a second situation if RAM's father is alive ask RAM and his father both to execute sale deed in your favor.
In a third situation if RAM's father is dead and there are heirs to him in addition to RAM then let all of them execute sale deed along with RAM.
If none of these situations are possible
THEN NEVER GO FOR THIS TRANSACTION.
Raj Kumar Makkad
(Expert) 27 July 2013
There are many ifs and buts and if those are fulfilled only then go ahead but in the given facts, I do not suggest to purchase such property. Many facts have already been given by you which leave lesser possibility to go for such conditions fulfilled.
Madhur Singh
(Querist) 29 July 2013
Sir, in this case, Ram's father is dead but in above mentioned will deed his brothers have also obtained his shares as a other property. So no any dispute till now by the brothers. Ram is owner of this house by this will deed and other brothers are owner of his other property as per mentioned in this will deed
Sudhir Kumar, Advocate
(Expert) 24 July 2013
