Venky 20 November 2019

legal document

Property was transferred from grandmother to my father. While transferring the property to my father, my father's sisters signature was taken on stamp paper with written confirmation in front of lawyer accepting to transfer to the property to my father with some settlement of cash, but the stamp paper was not registered in registrar office. It was transferred before 2002. Is it necessary to register in registrar office or is there any law not necessary to register office. As per the lawyer they said it was not necessary to register it property is more than 25 yrs old. Please clarify.

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19 Replies

Real Soul.... (LEGAL) 20 November 2019

The trsnsfer of property from your grandmother to your father's name is absolute already or the mentioned transaction is deemed as transfer of property ???

CLearify;

However if your Aunt has signed the settlement , that was suppoused to be registered ;; if she would not dispute the document and is honest enough to accpet to have released her share let her execute a release deed;

Though the signed document could be used as an evidance if she raises claim, but a registered document conifers much better tilte.

Venky 20 November 2019

Thanks for reply. There is no disputes from my aunt as of now. Is there any chances for rasing disputes by their children. Whether their children can claim the property after my aunts death?

Real Soul.... (LEGAL) 20 November 2019

My be ,but they can as you have no registerd document.Get arelease deed from your Aunt as she is alive now. Keep your title clean.

Venky 20 November 2019

After my aunts death my father can able to transfer the property in my name without any issues?

Venky 20 November 2019

is there any law signature not required from daughters for transfer of property before 2002 if property is more than 25 years?

Real Soul.... (LEGAL) 20 November 2019

I don't know how was the property transferred from your grand mother to your father's name ?

As ia sked earlier also.

Need to know the mode of transfer ?

Real Soul.... (LEGAL) 20 November 2019

I don't know how was the property transferred from your grand mother to your father's name ?

As ia sked earlier also.

Need to know the mode of transfer ?

Venky 20 November 2019

It was bought in the name of my grandfather and later it was in the name of grandmother and again divided into two sons and settled amount to their sisters by gift.

Venky 20 November 2019

property given by gift

Real Soul.... (LEGAL) 20 November 2019

That means total of thre heirs;; two sons one daughter.

If Your your aunt has released her share that need to be registered document and the release shall be in your father's name. If you won't get a registered document tommorow the heirs of your Aunt coul claim the share. SInce u have a dcumnet but that is not registered can be quastioned and disputed. It is better to cure the infirmity...

Venky 20 November 2019

sorry sir total 4 people. 2 sons and 2 daughters. if I ask for release deed is there necessary all there children also has to sign on release deed. After death if my aunties, it is problems for us?

G.L.N. Prasad (Retired employee.) 20 November 2019

What is the nature of property (Agricultural land, plot or building)? In whose name it is standing from 2002? Who is enjoying the benefits? To whom it is being transferred now?

If it is within a family transfer now, a simple registration now as gift deed is enough. Even if it is a sale if the property is being enjoyed by your father as per Revenue/Municipal records, there is no necessity of your aunt's signature as family settlement need not be registered in some states.

If your aunt is living, a witness signature in sale deed is more than enough.