Propert for registratio
mohan.D
(Querist) 15 May 2014
This query is : Resolved
Dear experts
My garnd mother has made the will to my father 4 sites and my father dieded on 14th march 2013 before his death he has made a agreement on 100 rs bond paper(which is not registor) that he is sold this 4 sites to his friends on 12 june 2012 and has taken the advance also and remaining amount they have to give during registration after my father death my elder brother has put a cases on my father property and brought stay saying not to alient any property to whosoever know my father friends has camed and asking to my mother do registration of the sites mother told we are ready to do registration has per the bond i will keep up my husband words and know my elder son has put a case on his father property and brought a stay not to alient the property.
My query are
1.Will my mother can do registration of sites has my father has made the agreemnt on 100rs bond paper and katha is transfored to my mother name?
2.will it require all the sign of chlidren?
3.my sister,my mother,myself is ready to put sign has we have to keep my deceaded father word my elder brother is not ready to put sign? on what basis we can help my father friend?
Dear experts
Please give a valuable suggestion and please help me to over come this problem
Thanks Warm regards
mohan
9880962229
R.V.RAO
(Expert) 15 May 2014
since your grand mother willed the property to your father,it became his self acquired property, which he can sell or transfer to whom so ever he wanted.
but since he passed away,without making a will for his property, the property is intestate, and all his class 1 legal heirs ie his wife,sons and daughters are all the legal heirs for the property, and entitled to an equal share in the property. now your mother,yourself, brother and sister all the legal heirs, who can sell only their share of the property,but you people cannot sell your elder brother share in the property, since he is unwilling to sell and got a court stay. your mother cannot complete the property sale , since she is only one of the legal heirs and entitled to only her share of the property.the property also cannot be transferred in her name.
your father left an unfinished property sale behind him with only Rs 100 stamp paper agreement done for sale and took advance money.courts do not recognise such transactions as legally valid sale of an immovable property and do not rule the property in favor of the prospective buyer.
all of you ,legal heirs can file suit for partition of the property to claim your shares and ask the court to vacate the stay brought in by your brother.
your brother could ask for stay only against his share of property,as he is only one of the claimants.
Sankaranarayanan
(Expert) 15 May 2014
Well adviced by sri Rao. I do agree with him
ajay sethi
(Expert) 15 May 2014
since stay has been brought by your elder brother property cannot b e sold unless stay is vacated .
as rightly pointed out By MR Rao your mother is only one of legal heirs to he property .she has only 1/4th share in the property .
she can only sell her share and not that of other legal heirs . file suit for partition
malipeddi jaggarao
(Expert) 15 May 2014
Take steps to vacate the stay and partition of the property so that those who wish to honour the commitment of demised family head, will honour, though who wish to contest, they contest.
T. Kalaiselvan, Advocate
(Expert) 15 May 2014
I think Mr. R.V.Rao has very clearly explained the position and has properly advised what steps to be taken after this, being nothing more to add, I simply endorse my similar opinion.
R.V.RAO
(Expert) 15 May 2014
thanks.thiru sankar narayanan ji,sri ajay sethi ji and thiru kalaiselvan ji.
