Transfer of ownership
2 years ago
Actually there is a land which has a “Patta” with name of the 3rd party from whom my forefathers bought it. Actually it’s almost 120 yrs old purchase property but there is no such supporting evidence. There is a temple as well which has 8 shops underneath and there is legal rent agreement but it is mentioned in that - my name is xyz and This shop n.o 1 under temple is on rent and I will have to pay the rent to xyz(my parents) Though as due to temple I decided to register and form a trust there to attempt to evacuate the shops. My main concern currently is to either figure a way to get ownership of that property is there any way like Unregistered sale deed or gift deed which may bind the whole transfer and make it enforceable ? Fake self created as in my knowledge a sale deed of under 100 rs is valid even without registration and possession can be proved as we are paying all the bills of that property since 1964
You should contact the closest BLRO to find out who owns the property and then try to convert it to your name. Because all sons have a right to ancestral property by birth, the father cannot give it to one son at the cost of the others. Thanks to a 2005 amendment to the Hindu Succession Act, daughters are now coparceners and have a right to the family property. In this property since it is in the name of someone else you can either approach them or show that there is more than 12 years of possession and thus there is adverse possession on you r behalf.
Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You should talk to the nearest BLRO and ask in whose name the property is and then seek to convert that property in your name. all sons have a claim to an ancestral property by birth, the father cannot distribute the ancestral property to one son at the expense of the others. Daughters are now coparceners and have a right to the family property, thanks to a 2005 change to the Hindu Succession Act.
Thank you.
Sidhaarth
Responded 2 years ago
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