Ownership Property Dispute

Querist : Anonymous (Querist) 02 February 2010 This query is : Resolved

My father (died on 31.12.08) purchased a small house in the year 1966 in a village. The sale deed was prepared on plain paper with thumb impression of the seller (dead) and signature of two witnesses (one dead). The sales consideration was Rs.600/- only. On the basis of this transaction, the ‘Gram Panchayat’ registered the name of my father as the owner of the said property on the government records. This continues as on today also, but my real uncle filed a case in the court in May 2008 stating that the said ‘sale deed’ is not legally valid since it is made on the simple paper and not on the ‘stamp paper’ and it’s a document singed by coercion and cheating. By notarized will, the said property is transferred in my name after the death of my father.
Now, what is my legal position and how should I protect my legal right?
Please advice me.

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Raj Kumar Makkad (Expert) 02 February 2010
The plea taken by your uncle are not tenable before law because it is self contradictory. On the one hand he is speaking on behalf of the seller stating therein that the signature are coerced, influenced or forged and on the other hand he says that the property has been transferred to him after death of your father. Your full ownership over the property cannot be disturbed by such light and casual manner.

Contest the case with full force.

B K Raghavendra Rao (Expert) 02 February 2010
Your sale deed is not valid. It has not been executed on a stamp paper. The stamp duty goes to the government. If you have not paid stamp duty on a sale deed, it amounts you are causing loss to the exchequer of the government. It is not gram panchayat that should register your sale deed, but the Sub-Registrar of Revenue Department. In all respects, your sale deed is not valid.

However, it is not clear how your uncle is affected to question the sale deed.

Sachin Bhatia (Expert) 02 February 2010
Your sale deed is not valid. It has not been executed on a stamp paper. It is strange that How gram panchayat should maintain the record of your sale deed? However contest the case with the help to a local lawyer.

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