Selling a house built on a land registered in the name of two real brothers by one of them
ROHIT
(Querist) 04 June 2013
This query is : Resolved
Sir, My name is Rohit Kumar. My father bought a piece of land in Baheri, Distt. Bareilly, U.P. in 1987 along with his elder brother on a 50-50 basis. My father's elder brother was about to sell the property in 1996 to a third party but my father objected and offered a piece of property in village and some cash in lieu of the his (my father's elder brother's) share in the property. A local jholachap lawyer in the tehsil recommended them to exchange the property and probably in order to save on stamp duty, they wrote an oath on a stamp paper in presence of two witnesses.That's all we have to prove that we have exchanged the property.A piece of stamp paper..that's it!!
Apart from this my father had an affidavit made before registering the house in 1997 the Baheri Municipal Board where the property is located, stating the exchange that took place in 1996.Construction of the house started in 1999 and was completed in Jan' 2000.Electricity bill is issued in my father's name.
Now the real issue is that my father wants to sell his house to somebody and his elder brother's (who died in 2010)eldest son is threatening to go to court on the pretext that he has a share in the property. He was well aware of the exchange that took place in 1996 but he is denying having any knowledge of the fact.Although the sale deed of the land has my father's elder brother's name in it but the exchange had already taken place.
We want to sell the house as soon as possible because we are need of money and this drunkard cousin of mine is giving us a lot of trouble.Please help as soon as possible.
I did some research on my own, so I would like to know the efficacy of the Adverse Possession Law in regards to the above mentioned situation.
Raj Kumar Makkad
(Expert) 05 June 2013
Though you can easily prove the exchange of the property held in 1996 before the court but definitely shall tak a long time to decide so it is better to persuade your drunkened cousin under the grab of some money and get the sale of the property as desired by you at the earliest.
Rajendra K Goyal
(Expert) 05 June 2013
Decision through court is better solution though it takes time.
R.K Nanda
(Expert) 05 June 2013
no more to add.
