Property bought by my father from his brother
Querist :
Anonymous
(Querist) 31 March 2024
This query is : Resolved
THIS HAPPENED IN THE 90'S
MY FATHER AND HIS ELDER BROTHER USED TO RUN A PARTNERSHIP FIRM AND MAKE GOOD PROFITS.
MY UNCLE (FATHER'S ELDER BROTHER) BOUGHT A PIECE OF LAND FROM A THIRD PERSON WHO HAD OWNERSHIP OF THAT LAND THROUGH A COURT DECREE AND GAVE THE POWER OF ATTORNEY AND ALL RIGHTS TO MY UNCLE ON FULL PAYMENT. THE DEAL WAS DONE THROUGH A FRIEND OF MY UNCLE WHO PLAYED THE ROLE OF MIDDLEMAN IN GETTING THIS AND OTHER DEAL WITH THE SELLER, AND MY UNCLE DID KNOW THE SELLER PERSONALLY.
WITHIN A COUPLE OF YEARS OF THAT SAID DEAL MY UNCLE SOLD THE PIECE OF LAND TO MY FATHER AGAINST THE PROFIT OF THAT YEAR AND MY UNCLE TOOK 100% PROFIT OF THAT FINANCIAL YEAR.
THE WHOLE AGREEMENT WAS EXERCISED ON A NON-JUDICIAL STAMP PAPER OF RS.50/-IN 1992
BUT MY FATHER NEVER GOT THE LAND AND DEED REGISTERED IN FRONT OF A SUB-REGISTRAR.
AS THERE WAS NO DISPUTE AS SUCH EVER BETWEEN THE BROTHERS.
NOW AFTER THE SUDDEN DEMISE OF MY UNCLE, HIS FRIEND THE MIDDLEMAN TOOK THE OPPORTUNITY AND TOOK QABZAH OR HOLD AND HAS HIS TIN SHADE AND WATCHMAN ON THE PIECE OF LAND.
WHAT SHOULD BE THE PROCESS TO TACKLE THIS SITUATION
kavksatyanarayana
(Expert) 31 March 2024
As per stated facts, your father has no title deed and hence it is not valid. Even to file with the unregistered agreement, the limitation period is over.
P. Venu
(Expert) 31 March 2024
In the absence of registered conveyance deed, your father cannot establish any title to the property.
T. Kalaiselvan, Advocate
(Expert) 31 March 2024
The property was not purchased by your father by a registered sale deed, hence the dealing between your father and his brother cannot be considered as a title document.
However on the basis of the documentary evidences and long duration possession and enjoyment yor fat her can file a suit for declaration of title and possession of the same, though there is no guarantee for 100% success.
Querist :
Anonymous
(Querist) 01 April 2024
HI THANKS FOR ANSWERING MY QUERY.
ALSO, PLEASE LET ME KNOW WHAT IS THE DIFFERENCE BETWEEN A NON-JUDICIAL STAMP PAPER AND A REGISTERED SALE DEED.
ALSO, MY UNCLE'S FAMILY HAS NO PROBLEM WHATSOEVER RELATED TO THE DEAL DONE BETWEEN THEM BUT ONLY MY UNCLE'S FRIEND
P. Venu
(Expert) 01 April 2024
Have your uncle or father been in possession and enjoyment of the property?
T. Kalaiselvan, Advocate
(Expert) 01 April 2024
Non-judicial stamp papers are those that would be used to execute documents.
Non-judicial stamp papers are utilized for things like commercial agreements, powers of attorney, and property transfers.
The sale deed must be signed on non-judicial stamp paper with a defined value and registered with the proper office, like the Sub-Registrar of Assurance, within four months of the execution date. The transfer of ownership must be registered for it to be enforceable in a court of law.
Querist :
Anonymous
(Querist) 01 April 2024
YES WE WERE IN THE POSSESSION OF THE PROPERTY
T. Kalaiselvan, Advocate
(Expert) 01 April 2024
If you were in possession and enjoyment of the property with supporting documents to prove your possession, then you can even plan to file a suit for perfecting the title by operating the law of adverse possession.
P. Venu
(Expert) 03 April 2024
Also, you have the option to move the Court under Section 6 of the Specific Relief Act -
Section 5. Recovery of specific immovable property.
A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908).
Section 6. Suit by person dispossessed of immovable property.
(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person 1[through whom he has been in possession or any person] claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
(2) No suit under this section shall be brought--
(a) after the expiry of six months from the date of dispossession; or
(b) against the Government.
(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.
(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.
