Ancestral Property Ancestral Property

2 years ago

GM Sir, I had sign one released deed in 2009 for my flat in Matunga east with my elder brother.The said flat was inherited to both of us from my Grandfather as per registered will 1969.My brother paid me 15% of consideration amount and promise to pay balance in instalment.Which he never did.Now the building is going in redevelopment and society and builder send me intimation to sign Development Agreement, which I did.my brother is the only person who had not sign DA.i came to know he had taken Token amount from one of society member.Now both are playing malpractice to keep me away from my legal rights.They had my name remove from society whatsapp group.Now I am not getting any information since most of members are new.The released deed was not not registered.kindly advice

Anik

Responded 2 years ago

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A.Dear Client,
As per Section 17 of the Registration Act 1908, registration of a release deed is mandatory. Unregistered release deed might be used in court but for that you need to pat deficit stamp duty and registration fees as per rules of land registry office. To stop your brother from doing illegal practice on land you need to file police complain or take direct legal action.
Thank You.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.As the Release Deed has not yet been registered so till date you have your share in that property, however, it is necessary to scrutinize that unregistered Deed of Release to peruse the terms and conditions specified therein as well as the time period for making payment to you by your brother. Until and unless you take appropriate legal action, you may be deprived from the amount you are entitled to.
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