Legal issues
Akshat Singh
(Querist) 16 May 2014
This query is : Resolved
My friend's father bought an industrial plot jointly with his brother's wife. Brother's wife gave the GPA to her brother-in-law who sold the the property to a third party around 30 years ago but the property was not registered in favor of that party. Third party is no more there and the title stands in favor of my friend's dad and his brother's wife. My question is to whom does the property belong legally. The legal heirs of the third party are insisting on a transfer deed to be executed by my friend's dad. But he told that he has already given a sum of money for registration of the property and it was not used for registrations. Is he eligible for any compensation for that amount? Is it safe to transfer the title in favor of the legal heirs again?
ROHIT SHARMA
(Expert) 16 May 2014
1. The failure of the purchaser of such property sold to him thirty years ago by the B-i-l of the Wife of the father's brother who was also a co-owner of such property of along with the father determines that such an sale agreement has abated with the passage of time and is of no legal consequence as it cannot be now again validated.
2. As of now the title of such property still vests in the name of the father and the other co-owner being the wife of such father's brother.
3. The insistence by the legal heirs of such third party in context to make the father to afresh make a transfer of property is unwarranted and the same should not be acknowledged or agreed upon by the father.
4. The claim by such legal heirs that their ancestor have had paid the money for registration for such sale deed made thirty years before but it was not used is an untenable contention in law and hence it can be refused outright.
5. There is no need to transfer the title in favor of the said legal heirs of the third party nor can there be any lawful order be made by any court to do so.
6. If need be for further private consultation contact this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 09824047971.
E-Mail : lawgate1349@gmail.com
malipeddi jaggarao
(Expert) 17 May 2014
Well advised by expert Mr.Rohit.
If you wish to settle the matter out of court, it is for you to decide, but as per law, there is no need to entertain such requests.
V R SHROFF
(Expert) 17 May 2014
Well advised by learned friend Mr.Rohit.
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
I agree to the proper advise given by learned advocate Mr. Rohit Sharma on the subject. As Mr. Malipeddi Jaggarao suggested, an out of court settlement can bring some solace to the affected party.
