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Ashok Kumawat   25 August 2020

Mismanagement in name of property acquisition

My uncle had purchased a property in village of 4 lakh however the deal was executed very fast. Hence during urgency, it was acquired in name of younger married brother in cash and registration was done in his name. His advisor tired him that the same can be transferred in his name after the process immediately however uncle had taken it for granted. Now the younger brother turned hostile as property rate rosed. What can be done to claim it back since the amount had raised exponentially?


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 4 Replies

Dr J C Vashista (Advocate)     25 August 2020

It is sole discretion of titleholder (owner) to retain or transfer, none can compel. 

G.L.N. Prasad (Retired employee.)     25 August 2020

Contact a local advocate if you are Hindus and the family is joint still, and at the time of acquisition of the property he younger brother is not having sufficient source of income to acquire such property with his own resources and if he has not disclosed in any official documents of this acquisition.   However, if the uncle is in possession of the property ask him to continue the possession.   Disclosing dates, the present status of possession, knowledge of this transaction within family members are essential for getting any guidance.  (There are umpteen cases in litigation in the same manner as while granting licenses for some establishments they seek that dealer must have a property in his name (Net worth/ or retail outlet site) as essential qualification, and accordingly when  the property is being named in the name of one son to make him qualify for such dealership, later that son claims that it is his absolute property depriving all other family members of their rights on such property acquired with his father's money)

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     25 August 2020

You need to examine the language used in the sale deed to proceed further. Better show the title deed to a reliable Lawyer and seek his guidance.

 

1. Who is enjoying the property or under whose posession the property is;

2. Whether the property is mutated in favour of the younger brother and who s paying the taxes.

P. Venu (Advocate)     25 August 2020

Law cannot offer any solution, admittedly, had been benami and such transactions are prohibited by law.


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