Property claim
Querist :
Anonymous
(Querist) 11 November 2023
This query is : Resolved
We are three siblings (2 sisters and 1 brother). Our parents and grandparents have passed away. An apartment was bought in our grandmother's name, but the sale deed and possession letter are in our mother's name. Registration is still not done, even after 29 years. Mom's side relatives like my uncles and aunts are now demanding that property after both our grandparents and our parents passed away.
Our queries -
1. Who is now the actual owner of the property?
2. How much would the registration cost and stamp duty be approximately after such a long time?
3. If it belongs to us siblings, can we sell the place, how can we sell the place? (since we are facing a lot of harassment from our relatives)
4. What will happen if we leave it unregistered?
Thank you in advance.
T. Kalaiselvan, Advocate
(Expert) 11 November 2023
1. In the absence of a registered title document even your mother cannot become the absolute owner of the property.
However based on the available evidences it can be presumed that your mother is the owner, hence as the legal heirs or her successors in interest, you and your siblings can claim the ownership of the property.
2. The time limit to register the sale deed is just four months, hence you cannot get the sale deed registered at this stage.
You may ask the seller to execute a fresh sale deed in all your names now.
You may have to pay the stamp duty at the current value.
3. You can sell the property after getting the property registered on your names.
4. Then you cannot claim title to the property if it remains unregistered.
