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Alex (sss)     02 November 2011

Right of the first holder

Dear sir,

In 2002 i purchased a plot of land with an intention to build a building in it, at that time since there was a shortfall in the purchase amount my mother offered me her jewellery which was disposed off to get the requisite cash to buy the plot. bcoz of this gesture i by mistake put her name as the second holder in the deed and i being the first holder of the land. I had since returned the jewellery by  purchasing in open market with my cash . The amount funded via sale of jewellery was 50000 rs against a property value of 3 lacs (the balance i had managed from my own resources ). I then got the plan sactioned and went on to build the building using my own resources. now i am planning to dispose of a portion of the property to generate cash and can i do as i am the first holder of the property . My mother has since changed colors over the years and does not want to sign on any documents.  In all the documents of the house and land i am the first holder ( deed, plan etc ) my mother was not asked to put her signature at the time of purchase of the plot in the title deed as she was a second holder of the property , only my signature is put in the title deed however her name is mentioned as the second holder.

My question is , can i sell the property as a first holder of the property or do i need the signature of my mother ?

is there any way where i can sell the property without taking consent from my mother ?

Please note that the entire property has been funded by my own resources and i have repaid the small loan taken in lieu of her jewellery in the very next year by giving her cash to buy the same quantity of gold in grams which i disposed off with her consent.

 

 

 

 



Learning

 2 Replies


(Guest)

No you cannot do anything solo since you are a joint holder. There are other legal tricks.Get hold of an advocate.

shweta (oooooooooooo)     02 November 2011

hi ,my case is partition suit ,it is a property of four brothers,my father is a first one ,we are staying in anantpur,we filed a case in civil court it was dismissed bcoz house has four brother name,and shop was in the name of my dads mom,but income tax was in the name of my father,we wer not able to prove shop property,so our case was dismissed,now its in high court,how much it might take aftr filing a paper book,plz advice me...............

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