Property query - father & uncle
Prafful
(Querist) 07 March 2012
This query is : Resolved
My father and my uncle own an 8000 sq ft of commercial land.
As per Municipal Corporation 8000 sq ft consists of 3 plots which are divided as per following.
• Plot A – 1000 sq ft (Own by My Father)
• Plot B – 6000 sq ft (Plot in the name of My Uncle)
• Plot C – 1000 sq ft (Own by My Uncle)
At the time of separation (Batwara) my father got half of the land (4000 sq ft out of 8000 sq ft). My father has the separation (Batwara) agreement which includes this in writing.
Initially in the above land (8000 sq ft), my uncle was running a business and my father was working for him as a labor job.
Now, we have separated from my uncle and running a separate business in our 4000 sq ft land.
The problem is the 6000 sq ft land which is under my uncle’s name. Out of the total 6000 sq ft land 3000 sq ft belongs to my father as per the separation (Batwara) agreement.
My father also has a 2nd agreement which was given by my uncle stating that my uncle gave him the 3000 sq ft land as a gift.
But now, my uncle refuses to transfer the ownership of my father’s land.
Please find the property details document attached in this mail for more information.
Please suggest some Procedure/Guidelines by which the 3000 sq ft land can be transferred to my father’s name.
Raj Kumar Makkad
(Expert) 07 March 2012
Once gift done, cannot be taken back. Soon at the time of gift and its acceptance its owned loses all his rights of ownership. There is no need of your uncle to get the transfer of the ownership in the name of your father. The affidavit of gift is more than sufficient for this purpose. Even if your uncle raises any objection, he shall be heard but ultimately your father shall win.
Srajadvo460
(Expert) 07 March 2012
Is the partition agreement registered? if yes then go to the authorities and transfer the name in the revenue records, this will give you a valid title. if partition agreement is not registered and if the property is a ancestral property then file a suit for partition. if partition agreement is not registered and the property is a self acquired property of your uncle and father then only based on the recitals of the said partition agreement can any further advice be given.
Srajadvo460
(Expert) 07 March 2012
if the gift agreement is not registered it cannot be enforced so confirm whether the gift and partition agreement are registered
Prafful
(Querist) 07 March 2012
My father has this on Rs. 100 stamp paper which is signed by witnesses and the agreement has NOTARY done. Agreement has the notification from my uncle that my father can sell the plot as per his desire.
But when my father went to local muncipality then the officials said that my uncle needs to sign in front of them to transfer the ownership.
Please advise...
Kirti Kar Tripathi
(Expert) 07 March 2012
if gift is followed by delivery of possession of the property, its registration is not necessary.
Prafful
(Querist) 07 March 2012
But my question is that muncipality tax invoice is on my uncle's name and my Father wants to sell the land but local muncipality official saya that they can not transfer/change the name on the tax invoice. for changing the name on tax invoice my uncle needs to come to the muncipality and sign in front of the officials only in this case official will transfer the land (tax invoice) in their books on my Father's name. My uncle is not ready to come to muncipality for this.
Please suggest what to do.....Do we need to file a court case? If YES, then on whom, my uncle or local muncipality.
Please provide your guidence........
I appreciate your help......:)
