regarding property registration in blood relation
3 years ago
My father and my uncle had a separation and all the properties were divided in two halves among two brothers. My father and my uncle agreed to whatever they received in there share and wrote about all the properties on a stamp and agreed to divide among each other but many of the properties which were received by my father were registered on the name of my uncles wife. The query is that in 2017 my aunt decided to transfer the rights of a property to my uncle via blood relation regsitration to avoid any govt fee in the transition and later on my uncle transferred the rights via same mode to my father. Now my father has got the property registered on his name and he has also got the mutation done but I checked the registered documents carefully. In one document where my aunt transferred the rights to my uncle it says that my husband takes care of me and provides me funds monthly and now I am transferring the rights of the property to him but if by any chance he doesn't take care of me I can cancel this deed anytime. It all happened due to a silly lawyer my dad hired and he trusted him and did not check the documents but as the proper separation of two brothers has happened and the transfer of property in blood relation was done only to avoid fee and its written in the separation agreement that anyone can get the property registered on their name which came in their respective share.
is there any chance she can cancel this registration or her legal heirs can cancel this deed in future. Although i have taken an affidavit from her stating that i have transferred all the rights to my husband and i have no objection if all the rights are transferred to my husbands brother. also i wont object it and wont do any court case regarding it in future. I know them very well they are good people and they wont do anything but just in case, anything can happen. is there anything i can do so that she cannot take the property back. Also the other properties which my dad got transferred to his name can they take them back to.
If need arise Rectification Deed may be executed if executor is alive if not the over all contents of the document will be read and meaning of the document will be culled out.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
you an go for rectification of deed.
but further agreement on stamp paper is valid.
Hope this clarifies,
Advocate Ankur Goel
Ayantika Mondal @ Prime Legal
Responded 3 years ago
It is unlikely that she can do anything at this point as the title has already been registered to your father's name. The affidavit you have from her just serves as additional proof of the same. The clause that existed was only between your aunt and uncle and would have no bearing on your father's title to the properties.
It is unlikely that she can do anything at this point as the title has already been registered to your father's name. The affidavit you have from her just serves as additional proof of the same. The clause that existed was only between your aunt and uncle and would have no bearing on your father's title to the properties.