Dear Sir,
My close relative (A) purchased an agriculture land including house from his elder brother(B) in 1990 at District Pithoragarh Uttarakhand. The seller B (elder brother) has given assurance to his younger brother (A) in Ikrarnama that he and his sons (C& D) will register the land and house to his younger brother. The younger brother (A) has raised request time to for register for purchased land and house but B & his son always assure they will do the registry but they don’t do register the land and house till date. As here the matter pertain to a close family so A ( younger brother) always request for registry of land including house, he never sent a notice to his elder brother and his son.
The purchase deal was in simple Ikrarnama of Rs 5 stamp paper without any notarization. The Ikrarnama was accepted to the seller his both sons, they were agreed with the terms and accept the total amount without any dispute. They all (B & his son) signed the Ikaranama.
In the Ikaranama there was a condition that if B and his son will not agree for the deal they will immediately refund all the paid amount to his younger brother A . But nobody question on the deal upto 2017 May from 1990.
During this 1997 the seller (B ) had been passed away without registration of the land to his younger bother’s name.
Now the elder son of B want some part from the above said land and also the house. Now the second party A is in dilemma how get rid from this problem. I request all the hon’ble law expert here please give you valuable suggestion on the hot issue.
The son of B want DAKHIL KHAREJ” ( a process transfer of property from father to his son ) in their name in this respect They meet with The area Patwari. The second party (A) also given written complaint to local Patwari at Gangolihat that “ they already purchase land with house from his brother in 1990” but the Patwari is not assure what step he will take. Patwari has a view that as in his record the all land and house are still in the name of Late B.
I know most Seniors are here may be some expert who having knowledge of land law of Uttar Pradesh as well Uttarakhand. I eagerly awaiting for your decent response.
Thanking you ,
Regards,
M M Joshi
9990993069
