Validity of pedigree
jimi patel
(Querist) 29 August 2012
This query is : Resolved
Validity of Pedigree in the civil court for the transfer of residential property?
R.K Nanda
(Expert) 29 August 2012
State full query.
jimi patel
(Querist) 29 August 2012
this is my full quary ,sir. my father had purchased house in ahmedabad in1982 in name of his uncle. after death of uncle in 1992 my father cousin made padhinama containig that he had not any interest in property and he vested all right of property in my father name . this pedhinama has register with sub registar. at that time my father had not paid any stamduty and not transfer home to his name in city survey records. now in 2012 my father want to trf this property in his name . but citi survey ask stampduty paid agreemnt. now we are in city civil court. so i want to ask what is legal velidity of pedhinam in city civil court for getting transfer property? my father's cousin is not ready to do transfer deed ? what is remedy for this? we are lived in this house since 1982. can my father's cousin can compel us to leave house on basis of his name in city survy only. my father cousin does not have any document of this property exept his name in city survy. Plzzz. help me its urgent.
jimi patel
(Querist) 30 August 2012
plz answer my query sir.
SUBRAMANIAN C R
(Expert) 31 August 2012
I feel it is a case of benami purchase by your father in his uncle's name. If so under law you cannot now claim the property. But nothing prevents the benamidar from recognising the title of the real owner. In this case has the cousin executed any document to stating that the property is yours ? If so ypou may have to approach the civil court fo a declaration that the property is yours and say that the benamidar has recognised the title of the real owner. Everything will depend upon the evidentiary value of the document., Then who is paying the tax ? There should be records to show that you possess the properry on your own rights.
