Transfer of property.
Goutam
(Querist) 22 September 2010
This query is : Resolved
A property is owned by two brothers in equal shares. Now one brother is ready to give or transfer his share without any consideration to second brother(who is co-owner in that proerty).
NOTE:-(THE PARTIES ARE NOT READY TO DO SUCH TRANSFER BY GIFT DEED OR BY SALE DEED.
My query:-
1. can he transfer his share by the decree of the (permanent Lok Adalat).
2. How i can draft this case for filing in the Permanent Lok Adalat.
3. What are the contents of my drafting. Plz explain fully the lines of the drafting)
4.Is there is any set proforma under the legal service authority act to file such cases.
Y V Vishweshwar Rao
(Expert) 23 September 2010
File a suit for partition before the Lok Adalath - Pre-litigation and Record the Compromise stating that the other brother /Defendant - who wants to give his share to his brother without any consideration and stating the same,the compromise may be recorded and Award/Decree be obtained in the Lok Adalath in suit/pre-litigation Case .
VENKATRAMAN SHRINIVAS
(Expert) 23 September 2010
Just draw a simple deed in Rs.100 stamp paper stating that it is a family arrangement, which is permitted under the Income-tax Act. On the basis of this the registrar would register the property. I feel this need not go to any adalat.
VENKATRAMAN SHRINIVAS
(Expert) 23 September 2010
Just draw a simple deed in Rs.100 stamp paper stating that it is a family arrangement, which is permitted under the Income-tax Act. On the basis of this the registrar would register the property. I feel this need not go to any adalat.
Goutam
(Querist) 23 September 2010
Dear Venkatraman,
Plz tell me that if we draw a deed in which we shows that it is a family agreement. Whether in future the legal heirs of my brother can claim for the share of that property which is now released by my brother on the basis of this deed or agreement.
2. If any case will be filed by the legal heirs in future then this agreement or deed will be sufficient to prove my side.
Y V Vishweshwar Rao
(Expert) 24 September 2010
The Release Deed and its Registration is safe in the given circumstances . But you are not for Gift/Release Deed and its Registration .You can also file a Pre- litigation case before the Lok Adalath for Partition and Get a Compromise Decree / Award from Lok Adalath - the Same is valid and Decree passed by Competent Court and the same can not be challenged by any one in future . Some payment may be mentioned in the Compromise Memorandum towards Relinquishment of your brother share in favour you .
Y V Vishweshwar Rao
(Expert) 24 September 2010
The Case to be filed in the Lok Adlath will be, as it is a suit for partition in Regular Civil Court and with a prayer to call the defendants and to Settle the issue and to pass a Decree in terms of the Settlement /compromise .
Sri Vijayan.A
(Expert) 04 October 2010
Simple deed on Rs.100 NJS shall not work
You have to execute a release deed in favour of ur brother
This ded has to be registered
But this deed shall have concession on the stamp duty and the registration fee.
The concession depends upon and vary from states.
