1)No you cannot transfer entire property.
2)your father can transfer his share to your mother. .
3) better try to settle dispute amicably through an mediator.
4) as per market value you can buy share from your aunt.
Land issue
I have a plot in my city on which my father has constructed our house 20 years back. Plot is in name of three people one is my mother and other two are my aunty. Now the problem is as the property rates are going up they are forcing us to pay for 2/3 of plot to them, we offer them the price of land from the time we built up our house but they have greed in there minds they are asking for more. we are paying house rent, Electricity bill from last 20 years in name of my father. Is there is any law which can Force the to register this plot name to my Mother or my father.
Asked 7 years ago in Property Law
Religion: Hindu
9 Answers
See they have ownership right over the 1/3 share of the land and by no law you can force them to transfer same in you favour they can file a partition suit for there share of land . So it would be in better to settle with them and take ownership of complete plot.
You can go for partition deed for the same for equal partition. There is no way to get the property exclusively Registered in your mother's name if they also have share
- Since, the said plot is in the name of three people , then all are sharer as per law.
- None has right to take share of others against their consent.
- You or your mother/father can purchase the others share after paying the same.
- As your father has constructed a house 20 years back over the said plot from his amount , its means , nobody is in use and possession of the said plot since last 20 years except your parent and further the electricity , water bills etc are in the name of mother/father.
- As per my suggestion , your parent should file a suit for Adverse Possession to get the ownership of remaining plots on the ground of continous use and occupation of that plot in totality since last 20 years.
Aunties have one third share in property
2) merely because electricity bill , house rent in name of father dies not make your father absolute owner of property
3) you cannot force them to register plot in mother or father name
Hello,
On peaceful passionpos for 21years you will be legally entitled to the property.
Regards
Dear Client,
They can file partition suit any time. No law which empowers absolute ownership except adverse possession agasint co owner. Enjoy peaceful possession until they demand partition through court than on the basis of adverse possession, your mother sole ownership can declare/sustain.
Hi,
It is better to enter into an agreement and settlement with the aunties and get the relinquish deed from them after paying them reasonable money.
Since this property is jointly owned by all the three sisters, the other two sisters can very well claim their rights in the property as per current value.
They are entitled to the current profits from the property since it is their investment also.
Legally they can claim their respective and legitimate shares in the property which cannot be denied for any reason.
However you should come down for a negotiation and settle the issue amicably among yourselves instead of stretching the issue and ending up in long fought legal battle.
