Property law

Your father has gifted the property on the basis of "Agreement to Sell" which do not confer title (ownership) hence same is invalid. The chain of titleholders validate the ownership of 'A' for further disposal as per said agreement.

Contact LRs of 'A' and ask them to make a proper "Sale Deed" in your favour.

Consult a local lawyer with all the documents for proper guidance and professional advise.

Dr. (Major) J C Vashista, Advocate, consultancy Room, Lawyer's Chamber Block, Delhi High Court,            New Delhi-110003 Cell# +91 9891152939 email: majjagdish@yahoo.com

does structure constructed before 1983 during majiwada gram panchayat period in thane requires occupancy certificate  (OC) or  completion certificate (CC)

I Agree with Vashista Sir,

You have bought the land from A in 1995.  Till this point it is ok.  But after that you have made a mistake.  I do not know how an Agreement of sale can be validated by paying penalties and stamp duty without informing the original owner.  You matter is very complicated.  It is better to contact me directly 7893011777 or ravinder2345@gmail.com for better understanding. 

My mother & my elder brother is a joint owner of a flat at Karunamoyee housing estate in Bidhan nagar (SALT LAKE , KOLKATA-64) municipal area.My mother passes away in the year 2009.We are 2 brothers & 2 sisters of which one of my elder sister is not agreed to co-operate us to change the ownership of the flat. At present my elder brother is about 75 years old. My other sister is willing to gifted me her share of property and my elder brother is also agreed to introduce my name in place of my mother.My question is 

1. what should my willing sister do at present?

2. can I apply alone to incorporate my name as a owner of that flat?

3. should we ignore my unwilling sisters name in the procedure of change of ownership?

4. We are ready to give her share (unwilling sister) after changing of property owner, is it possiable?

Thanks.

@Benerjee:

1. what should my willing sister do at present?

Your willing sister can execute registered release deed or registered gift deed in your favour.

2. can I apply alone to incorporate my name as a owner of that flat?

If you want your name be incorporated in the flat, all the legal heirs of your expired mother i.e. your elder brother and 2 sisters should agree and sign on the documents of release deed or gift deed in your favour.

3. should we ignore my unwilling sisters name in the procedure of change of ownership?

You cannot ignore. She is entitled to get 1/4^th share from the share of your mother i.e. 1/4^th of the ½ share of the flat. I cant understand that she is not willing to cooperate to change the name. What is her intention. Confirm with her whether she wants that property or she is interested to gift her share to somebody among you. 

4. We are ready to give her share (unwilling sister) after changing of property owner, is it possiable?

There is no need to give her share.  On the date of death of your mother, the half portion of the title automatically devolved on all of you equally.  Now the question is whether your unwilling sister wants to enjoy the property or wants to release the same to somebody among you.

@ Anand: I fully agree with the views of our expert Dr. Vashista sir. A mere agreement of sale will not confer the title to your father therefore the subsequent gift deed is also invalid in the eyes of law.  Search the Legal heirs of the deceased vendor and get the sale deed executed and registered properly.

@Banerjee:  First of all you should not use others thread to post your query, you can give a reply to the query, if at all you have any you should use your own thread.

You have stated that the property was owned jointly by our mother and your elder brother, therefore upon intestate death of your mother, all her legal heirs, i.e., you, your brothers and sisters will be entitled 1/4th share each out of her half share in the flat/property.   Now if your willing sister wants to give her share of property to you, she can execute a registered release deed relinquishing her right to share in the property in your favor, also your brother can do so. About your brother's half share in the property, he can execute a gift deed in your favor.  If your another sister is not willing to give away her share to you, there is nothing that you can force her upon, you may  file a partition suit and seek for separate possession of your share which will include the share of properties given by your sister and brother to you.

Consult a local lawyer and take further decisions accordingly.

Thank you all for your kind support and taking time to answer my question and also guiding me in the right way....sir , i still a question that i believe in 2011 October the supreme court declared that agreement of sale or GPA does not give proper title...will it give me any relief as i got it validated in 2009 

@Anand: what do you mean by validation?, did you get a sale deed executed and registered in the year 2009 in your favor without the vendors consent or knowledge?  Is it one sided execution, there cannot be a sale deed executed arbitrarily by buyer unto himself on the basis of sale agreement in his favor until there is a court decree, so I think you have either been misguided by wrong interpretations or you are giving improper information while seeking opinion. Thus, it is better to approach a local lawyer, produce the relevant papers before him and get a on the spot and proper opinion to proceed with the issue.

The word "Validation" is used only for non Agricultural lands and that too prior to layout only. Before making layout change of Zone will be done and the nature of the land will become residential from Agriculture. After change of residential zone, layout is made and plots are formed. It is not clear that "the land" you were referring is whether plot or Agricultural land. What is the extent of the land is also not mentioned. Is there any layout with you.

Need to understand

I and my mother are joint co-owners of co-operative society CGHS flat in Delhi with equal percentage share. Both of us are Alive.

The flat is NOT Freehold.

Now my mother wants to part away her 50% share to me before Freehold.

What is the procedure and documents required ? Seeing that  i don't have to pay any stamp duty in the process.

Kindly suggest and guide.

Regards

Vineet