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Vernika (cto)     21 March 2011

dispute

Mr X is the father of Y. The son had a land in huda which he got via allotment. Then the son paid up for all the installments for the house except for the last 7.5 lacs which he borrowed it from his father to pay to huda. After that they received a letter from HUDA that they need to construct the land else they will have to pay the penalty. The son did not have money, so in order to protect the property the father constructed the land and spent 56 lacs on it. He constructed it despite the son said NO to construct it as he said that he had no money to construct the property but can pay RS 25000 as penalty. But still the father made it. When the property was ready tha daughters of the Father (2 daughters) came in picture and wanted to have a share in their brother's property and asked their father to get half the land transferred in mother's name so they could claim it later as daughters. The father asked then son to either pay back his 56 lac rupees else transfer half the property in his wife's name. The son, since he did not have any money to pay back transferred it vis signing a conveyance deed in HUDA in favour of mother, It was done in November, 2009. The conveyance deed is still not registered and it has been 2 years now since this was done. Now the son has money to pay back to his father for construction and wants to get his property back in his name.

We just want to know is the conveyance deed, signed by the son in HUDA, in favour of mother still valid since it is not registered. Or will the mother need to sign the conveyance deed back in sons name after taking the money. Please advise.



Learning

 3 Replies

niranjan (civil practice)     21 March 2011

Mother will have to reconvey it.

Vernika (cto)     21 March 2011

If the daughters do not lett the mother reconvey it, so what are the legal implications for the son. since the property isnt registered and son is the half owner, what happens when the mother is not there. Can the daughters claim their share in half of the property which is in the name of mother or will the property fall back in the name of the son becuase he hasnt still signed on the registration papers for full transfer to mother.

Thanks for the reply

Vernika (cto)     24 March 2011

we just want to know who are the legal heirs of this property since it is not registered


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