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Can daughters cancel sale deed?
My grandfather purchased a plot. After 2-3 years he would sell it to my father by registered sale deed. Now both are no more. At the time of construction my father was to take a home loan on it. Now my grandfather has two daughters & one son and theson is no more. I want to know that those two daughters i.e. my aunts can cancel deed by court order or is there any right that can be claimed by order. Tell me why there is no legal approval for purchase deed between Father
& Son. please tell me supreme court’s order @ such cases for reference. Here purchaser is son & father is seller.
Mahesh Vilas Baviskar
Jalgaon, Maharashtra
Our panellist R.L.Narayanan replies: Your query is not clear. There is no prohibition for a sale of the property between father and son. However, like in any other case, it must be a proper transaction. The Sale Deed should have been duly executed and registered. In the matter referred by you, certain particulars like date of sale to your father, sale consideration, nature of actual transaction, etc are important. Please consult your Advocate on this with complete particulars.
In 1997, my family members purchased nearly 20 grounds( 48000 SQ FT) land near Kundrathur through a real estate agent. As part of that deal, My mother also purchased 2 grounds of land. While purchasing there was no patta available for all the 20 grounds. But later most of our relatives applied patta and got it separately. Unfortunately my mother did not apply for it.
Three months back we applied for patta. Last month when we went to visit that land area, but for our shock it seemed to be occupied by the local politicians and they are saying our land area was “Kuttai”(village water source) . It was a water source for the village and we brought it my mistake and it no longer belongs to us.
Right now the whole area is developed so well and became a very good residential locality and prices have been multiplied 20 times. Hardly there is no empty space except our land area and couple of them next to us.
When we talked to local Govt authorities like VAO and Surveyor they are also saying the same story. My mother has the registered stamp document with her with all the details and we applied for EC certificate last week and got it in my mother name only. Actually they not only occupied my mother land and also occupied next two lands which belongs to my Brother-in-law.
Srini.
Mr. Narayanan replies: At the time of purchase of property, considerable caution has to be exercised. It is not clear as to whether you have obtained any opinion from an Advocate. Further, it appears that you have not visited the site after purchase for considerable time. In any event, at this juncture, you have to first ensure whether your mother will be able to establish any title to the property purchased by her. It is not uncommon for a real estate agent to arrange for sale of properties like this. Hence, it is advisable to check out all the details and find out whether there is any scope for your mother to claim the property based on the documents available with her. You also have to look into the Sale Deed in favour of your mother and other documents available with you.
Getting patta
I have purchased a land from a real estate agent who is involved in buying farmlands and making layouts and selling.
I have brought a piece of land measuring 1300 sq. feet in a village on the vandalur kelambakkam road. The sale was completed during June of 2007.it is more than nine months and I have not applied for a patta.
I would request you to guide me in obtaining a patta for the land. I have the sale deed alone with me.
Where should I apply for the patta and what is the procedure for obtaining a patta.
What are the other documents to be obtained to have my piece of land secure. I would humbly request you to provide me with the details. Without a patta is the sale legal? How can I check whether the layout is legal or not?
P.Madhavan
Mr. Narayanan replies: You have to make an application to the Tahsildar concerned for grant of Patta. There is no particular form for this and this can be made by way of a simple letter. You have to enclose copy of your Sale Deed. The Tahsildar may depute a surveyor to survey the lands. An enquiry may also be conducted to decide the matter of grant of Patta in your nameProcedure
My father left behind some property in my mother’s name, which she had given for development. She acquired flats one each for her children. In her registered will she distributed the flats giving the floor number and the flat number she desired to give each of her children. However she re-distributed the flats on a mutual agreement of her children. This revised distribution was endorsed by my mother and the builder in the presence of her children. My mother passed away even before the project was completed. As per her desire the flats have been handed over by the builder to her children. Now that I have legally inherited the flat is there a procedure to have the flat registered in my name.
R.L.Narayanan replies: It is advisable for you to have suitable separate documents to be executed in the nature of release deeds or settlement deeds, in conformity with the actual allotment of the Flats and the ownership being claimed by each one of you. It is taken that there is no dispute in these allotments and that there will be mutual co-operation.
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