Mother's property
Sunita D
(Querist) 23 June 2014
This query is : Resolved
We were a family of 6, three daughter's , father , mother & grand mother. In 1985 my father expired, in 1990 we purchased a flat, in 1997 my grandmother expired, after that all three sisters got married, In 2013 our mother expired.
We were not able to trace any legal title document of the flat after her death, but there were orignal old documents as ration card, bank pass book , voter's card, gas connection, water connection in our mothers name stating her residence the said flat from past 24 years and also a xerox unregistered sale agreement in her name of year 1992 was found
Flat was in CHS but they have not updated the records since 17 years and the society is in dormant state and existing secretary said he doesn't has any past record.
Property tax bill was been raised in the name of "holder" since beginning and currently there were dues amounting 56000
After my mother's death there was no one staying in said flat and we decided to pay the tax and applied for change of name from holder to my name with consent of my 2 sisters and paid the property tax which was due for 5 years
Suddenly my aunt (father's sister) came and said the flat belonged to my grandmother as there is entry in cooperative societies register in here name. Hence she being her daughter needs the share in the property
Intially we argued and asked for documents as sale deed , share certificate etc but those were not available
But since we were only having xerox of unregistered sale agreement and entry of cooperative society listed my grandmother's name we agreed to give her a share
Now she says needs 50 % of the flat or else she will drag all three of us by stating that we have forged the agreement and changed the name in municipal tax records
Wehreas municipal tax document itself mentions that it is not a legal title document.
And this agreement and other documents were recovered from my mothers residence after her death in front of all relatives
As we were having other orignal documents as ration card, gas connection, BSNL landline bill, etc in our mothers name and nowhere my grandmother was mentioned hence we changed the name in municipal tax records, also
the flat was maintained and in possession of my mother from 1997
Please suggest what to do we are ready to provide her share but she is keeping on raising her demand
Sunita D
(Querist) 23 June 2014
My grandmother had 4 children's out of which one is my father and 2 more brothers but these 2 brother's are not asking any share and are in our favour . Only my aunt is claiming share
Rajendra K Goyal
(Expert) 23 June 2014
Consult a local lawyer and with his help search the record with Registrar office for details of registration and receive a certified copy of the registration deed. If you are able to search you would be having title document of property.
Sunita D
(Querist) 23 June 2014
Sir have searched for that but we came to know from old relatives that they had not registered the agreement
ajay sethi
(Expert) 23 June 2014
in whose name is share certificate issued?
Sunita D
(Querist) 23 June 2014
Share certificate is not available but in the register of cooperative society it is my grandmother's name.
Sir as we are not dependent on the said flat we don't mind giving her a share but she says that since we have changed the name in municipal tax records we should pay for that as well or else she would file a suit of forgery against us.
Sunita D
(Querist) 23 June 2014
Share certificate is not available but in the register of cooperative society it is my grandmother's name.
Sir as we are not dependent on the said flat we don't mind giving her a share but she says that since we have changed the name in municipal tax records we should pay for that as well or else she would file a suit of forgery against us.
R.K Nanda
(Expert) 23 June 2014
consult local lawyer.
Sankaranarayanan
(Expert) 23 June 2014
Better to consult local lawyer as advised by experts
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
You have already stated that the sale agreement was not registered, however the sale deed would have been registered. You can make a search in the registrar office for sale deed registration by giving approximate dates related to the dates after the unregistered sale agreement, may be you will be able to trace out the registration of your flat. Consult a lawyer and proceed.
