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Dear Client,
A registered owner, as per the sale deed, is considered the owner of the property irrespective of the funding behind its acquisition. When a property is bought in the name of a person through a deed of conveyance, he or she becomes the registered and absolute owner of the said property and can dispose of that property to anybody as per his or her choice. Nobody can claim a share in the said self-acquired property as a matter of right. The behaviour or conduct of your father, as exp

Dear Client,
As per Section 17 of the Registration Act, 1908, the transfer of immovable property of a value Rs.100 and above through instruments like sale deeds, gift deeds, lease deeds, and mortgage deeds requires mandatory registration of the instruments to make the transfer legally valid and enforceable. According to Section 49 of the Act, an unregistered document required to be registered under the Act is not admissible as an evidence of the transfer of an immovable property.

Dear Client,
The registration of immovable property requires payment of the requisite stamp duty based on the current market value or circle rate of the property that varies from state to state and registration fees. If the stamp duty was paid for an unregistered property, the Buyer must apply for a refund of the stamp duty within six months of the payment date. As regards TDS, be informed that under Section 194IA of the Income Tax Act, a buyer is required to deduct TDS at the rate of 1% of the

Dear Sir,
Regarding the limitation period, the law for filing a partition suit is generally 12 years. This period typically begins from the date when the plaintiffs (the children of the deceased third defendant) are denied their right to the property. However, it's important to note that in cases of joint family property, a "running cause of action" may exist, meaning the right to sue for partition is a continuous one until the property is formally partitioned. This can be a complex legal point,

Dear Client,
Section 6 of the Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. If minor children receive property by inheritance or otherwise, according to the Hindu Minority and Guardianship Act of 1956, even the mother or father whose name appears in the property d

Dear Sir,
Yes, you can sign and register the Permanent Alternate Accommodation Agreement (PAAA) even while a probate petition is pending in the Bombay High Court. The PAAA is a document that secures your right to a new flat in the redeveloped building as a member of the society. It is generally considered an individual agreement between the flat owner and the developer, and the society is a confirming party. It is crucial to have this agreement in place to ensure you are included in the redevelo

Dear Client,
A Permanent Alternate Accommodation (PAA) Agreement which is also known as a Joint Development Agreement (JDA), where the landowner contributes the land and the developer builds the project and is legally valid, provided it is properly executed and registered under the Registration Act. When a landowner gives development rights to a developer, he typically does not transfer the legal title of the land to them. Instead, he is allowing or granting the developer a license and the righ

Dear Client,
The Slum Rehabilitation Authority(SRA) is the primary authority for overseeing and implementing SRA schemes. Annexure 2 is a crucial legal document that certifies the eligibility or ineligibility of slum dwellers for rehabilitation. Without being named in Annexure 2, a resident cannot claim housing under the rehabilitation scheme of SRA. The annexure -2 is compiled after a thorough survey and verification process conducted by the SRA authorities that include certified list of slum r

Dear Client,
Your query lacks information and transparency to address it properly. However, be informed that when a self-acquired property is left by the deceased owner intestate, i.e, without any WILL, all the surviving legal heirs are entitled to an equal share in the said property. Until and unless an undivided self-acquired property is partitioned through a decree of partition passed by a Civil Court, a legal heir cannot get his/her share in the said property and cannot transfer his/her sha

Dear Client,
To correct errors in Patta/Khasra, the owner of the land needs to visit the office of the Tehashildar/Taluk to apply along with supporting documents such as sale deeds, property tax receipts, and any other relevant documents that prove the correct information. He may need to fill out a correction form and pay a nominal fee. Sometimes, a court order is required for the correction of mismatches/errors in the land records. Further, as per the topographical land survey, layout marking