What's the Best way to transfer Property rights ?
Raveesh
(Querist) 28 April 2018
This query is : Resolved
Hi
My father and my uncle are the sole owners of our ancestral property in Delhi.
My uncle lives separately and now bed-ridden due to old age.
Now we want to sell our property, so what's the right legal way as he can't go to registrar office to sign the deal ?
a) Should he make a Gift deed and transfer his rights ? (We fear his children may challenge it later)
b) we give him his share of money and he make a power of attorney in favour of my father ?
c) Straight sale deed to buyer ?
Siddharth Jain
(Expert) 28 April 2018
You can ask your uncle to sign a relinquishment deed in your favour as that would save you some money on stamp duty .Relinquishment deed is a legal document/instrument where a legal heir gives up or releases his legal rights in an inherited parental property for another legal heir such as his mother, son, daughter, brother, sister, etc.
The term relinquishment refers to the abandoning and surrender of the rights, title, and interest, by one co-owner of property for the other co-owners.
But, in all cases, your uncle will have to visit the Registrar once, along with two other witnesses.
For any other queries feel free to contact me at isidjain1@gmail.com
Regards,
Siddharth Jain, Advocate
Delhi
Kumar Doab
(Expert) 28 April 2018
GO thru;
THE REGISTRATION ACT, 1908
PART V OF THE PLACE OF REGISTRATION
31. Registration or acceptance for deposit at private residence.
http://indiacode.nic.in/acts/7.%20Registration%20Act,%201908.pdf
In circumstances narrated by you apprehending reaction from legal heirs of your uncle this could be the best recourse.,.
Kumar Doab
(Expert) 28 April 2018
Is this property indeed ancestral?
Has your own very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record ….. and worth his/her salt … has examined all property related docs and opined that IT is ancestral ( Pushtaiani)..?
rajeev sharma
(Expert) 28 April 2018
If you want the best way to transfer a property there is nothing like sale deed
Kumar Doab
(Expert) 28 April 2018
If IT is ancestral the Uncleji cannot dispose more than his share i.e. share of other Co-sharers!
Which personal law applies in your case?
or are you all Hindu?
Confirm!
Ancestral Property; One that is inherited upto 4 generations of male lineage......undivided!
According to you or your own counsel the property is ancestral?
Kumar Doab
(Expert) 28 April 2018
In property matters and especially where an altercation, dispute is expected ;Sale Deed is the best recourse..............
Prior to that you need to confirm the nature of property; is IT indeed ancestral as posted by you?
Even if aged Uncle is bedridden find time to consult a very able counsel as already suggested..........in person..
online discussions are only for some direction, guidance and are not substitute to in person discussion with a very able counsel ..........
Guest
(Expert) 28 April 2018
As per your statement it is an Ancestral Property.Obviously the Children of your Uncle are also entitled for the Rights in it.
Guest
(Expert) 28 April 2018
" We fear his children also would claim Later ". Yes they also have the Rights.
Guest
(Expert) 28 April 2018
Your Proposal is illegal.
Guest
(Expert) 28 April 2018
If you need a Legal Advise First effect the Legal Partition.
Guest
(Expert) 28 April 2018
Let your Uncle and his Legal Heirs take a decision of their Choice after Legal Partition.
Guest
(Expert) 28 April 2018
Illegal Proposals will not be entertained here and as well as in Honorable Courts.
Guest
(Expert) 28 April 2018
Whether it is Sale Deed or any other Deed the Honorable Courts would just squash/ quash it when it is Illegal..
Kumar Doab
(Expert) 28 April 2018
If the property is ancestral legal heir's share (other than Uncleji) can not be disposed by Uncleji.
Kumar Doab
(Expert) 28 April 2018
Legal heir can agitate if their share is disposed by anyone other than them....
PoA if signed can be defunct upon death of principle..
Dr J C Vashista
(Expert) 29 April 2018
Consult a local lawyer for better appreciation of facts, analyses, guidance and proceedings.
How a person can relinquish his share in a joint hindu property in the absence of permission from all coparceners?
P. Venu
(Expert) 29 April 2018
How is that the property is ancestral? If so, your father or the uncle could not be the absolute owners.
Kumar Doab
(Expert) 29 April 2018
If the property is not of nature ancestral and is of nature; self earned/acquired then Uncleji can dispose IT in his life by a valid/registered deed.
If he cannot appear being bedridden take help as per provisions already posted... and your very able counsel as posted above can help you..
If a Medical Specialist ( say; Psychiatrist preferably govt ) can certify that he is in mentally sound condition IT is good.. thus to establish that he was in condition to understand what is being disposed!
The legal heirs can agitate citing grounds (valid) e.g; coercion, force, fraud, intimidation, undue influence, not knowing what is being disposed, mentally unsound etc etc
The right to approach court is with them.
court shall decide on merits...
P. Venu
(Expert) 30 April 2018
In my posting above, the second sentence may kindly be read as "If so, your father or the uncle could not be the absolute owners."
I have since made correction. The lapse is regretted.
