Purchase of Unregistered Property from Father
Hema ojha
(Querist) 30 September 2010
This query is : Resolved
Hi this is Hema,Bangalore Development Authority has issued a lease hold property to my day in 2008 the lease deed is for 10 Years & its unregistered by my dad & due to some financial problems my day sold this property to me & i have purchased it without any agreement from my dad
My query is will it create any problem to me later by my own brothers should i take any GPA & sale agreement from Dad,Mom & brother.
Please guide!!!
R.Ramachandran
(Expert) 30 September 2010
Dear Hema,
Since it is a self-acquired property of your father, he has every right to dispose it off in any manner that he likes. One of the ways of disposal is selling the same to anyone. In this case, according to you, he has sold it to you. Get the proper sale deed (there is no need for GPA and there is also no need for any sale agreement from your mom and brother - they do not have any right over the property when your father is alive) executed by your father in your favour to avoid any possible future troubles.
Hema ojha
(Querist) 30 September 2010
Thanks for your reply,but Sir this property is not registered by my Dad its on lease for 10 Years he can register only after 10 years or else there will be penalty levied to him if he sells.
Please Suggest Sir!!!
Thanks
Hema Ojha
pawan sharma
(Expert) 30 September 2010
no, nothing penalty levied to him.
s.subramanian
(Expert) 30 September 2010
It depends upon the terms and conditions of the lease. If the lease is not transferable,even your dad cannot transfer it to you legally. Give the details of the lease.
Hema ojha
(Querist) 01 October 2010
Dear All,Thanks for all your valuable suggestions.
I will get further details at the earliest.
Regards,
Hema Ojha
Sri Vijayan.A
(Expert) 01 October 2010
Your father is not the owner of the property now.
If the Lease deed permits, he can transfer his lease hold right to you.
So go through the lease deed first.
Then decide what to do next
