File a declaratory suit, seeking a declaration that you are the absolute owner of both these properties.
Transfer of Sale Deed
I purchased 600 Sq. Yards from my money, but I did registration along with two persons (Moin and Khaja) for different reasons. Now I want to sell this plot, they became hostile and demanding specific share in it. 1. All the registry original sale deed papers are with me. 2. All the D. D’s amounts I paid to seller from my bank account 3. As per their financial status they are in no position to prove how they purchased this plot. I purchased another 1000 Sq. yard from my money, but in this sale deed I registered on my brother in law and Moin. I transfer all money to brother in law and Moin for registry and to pay seller by D. D’s. 1. All the registry original sale deed papers are with me. 2. Now the problem from Moin wants share. 3. My brother in law is with me their no issue from him. Now what should I to do by legal way to get rid these blood sucker. As far as IT matter there will be no problem for me, I can declare pure white amount.
Asked 6 years ago in Property Law
Religion: Muslim
13 Answers
You have to file declaratory suit that you are absolute owner of property as full consideration was paid by you
2) enclose copy of bank statements that prove full consideration was paid by you
Here, you did first mistake that registered on other party name and not on yours this may introduce to benami property act. And if you prove that all these are white money than its okay.
If the all payments are made by your account than that can produce those as a proof. And get from them power of attorney signed on your name to selling rights.
If there is registration in theor name then they can claim the share from court. You need to understand the same.
Greetings!
Whatever the reason it might be once the person entered into registration and registered he is also the party for re-sale without his signature you cannot complete the registration to the 3rd party !
However i suggest you to understand mutually and ask him that you will pay some part amount and have to be a party for re-sale if he agrees it's well and good otherwise you dont have any option and the said person can file a suit ..
Ask brother in law to execute release deed.
Or,
file declaration suit of title. Actual owner is the person who actually contributes in purchase of property.
in sale deed, there are 3 owners, so for clear title of sole ownership shall be grant by court only. Brother is law can execute release deed in your favor.
- Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami. The transferee holds the property for the benefit of the person who has contributed the purchase money, and he is the real owner.
- Further , it is legally permissible for a person to purchase an immovable property in the name of his spouse/relatives from his known sources but the property will be person purchasing the property and not of the relative /spouse in whose name title deeds exist.
- Since, you have purchased the properties in some of the relatives name , hence these properties are Benami Properties as per law, and further you are the real owner of the same ,even these are in some others name.
- Further , since you have all the documentary proof in your support for the payment by you, then you should file a Decleration Suit for declaring the ownership.
Good luck and dont forget to rating Positively.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
if you have all statements and transaction details you can easily prove. file declaratory suit you are absolute owner of said property.
1. They will demand their pound of flesh now as you made them joint owners of the property. You have acted in the most cavalier manner one could conceive.
2. You may file a suit for declaration to declare that you are the true and absolute owner of the property but it will take years to be decided.
Dear Sir,
Those transactions seem to be benami transactions but you can overcome the same by showing accounts. You an file declaration suit claiming owner of both the properties and ask the court to declare yourself as absolute owner of both the properties and to delete the names of co-owners.
You have to file declaratory suit for claiming ownership of property on ground that complete payment was done from your side.
Even tough you fully funded for the purchase of the proeprty, the grave mistake you have committed in this is that you have purchased the property in the joint names for the reasons known to you alone.
Since this is a jointly owned property you cannot sell the same independently without their consent or their signature before the registrar.
Legally you cannot do anything but you can talk to them and give them a little share in the proeprty in order to hav a safe selling of the property or it will remain a problem till the end.
