My Father is living with wife and 2 child and he had self acquired property of 580sqft, 400sqft was granted to me via a sworn affidavit , cum no objection releasing his all title on said premises and notary attested by lawyer done by high court advocate in year 2003, This room is on chawl in mumbai and hence we can’t to any registration, stamp duty or gift deed to complete the process or have legal binding etc On basis of that docs I have made ration card on same address, passport etc, Electricity bill hasn't been transferred and is in my father name , pending can i start this process now on basis of affidavit and change from my father to my name on the said basis- What is the process for this electricity transfer process ? Thereafter in which I invested 20 lakhs for complete renovation and extension for furnishing the house in year 2004 And also, he had agricultural farm self-acquired which he had done gift deed to my sister on same period where she constructed big house but this transaction done via gift deed and her docs are legally valid Now the issue is Sister is influencing her rights in squashing the sworn affidavit and claiming her rights as 50/50 for property which was done legally transferred via affidavit by my father to me as Son as she knows the loophole of the chawl house of Mumbai ! Question : Can i too claim 50:50 on the Agricultural land or raise some kind of issues as she is forgotten ? I’m not interested on this but she is coming on my turf knowingly. Furthermore My sister and mother who is in favor of my sister has kept a couple in families without agreement blocking our rights and occupation in the Mumbai house and the couple is refusing to vacate the house as they receive support from my parents on timely basis to block my occupation of the house- I was based abroad and I not paid attention on all this at that time … I was not duly followed seriously on this matter to exert rights but now i want to settle! • Does the affidavit protect my rights in the court of Law ? • Ration card, Passport copy all docs are on same address • Can I transfer the electricity bill in my name ? • Can I legally claim my share of the house and create wall partition or door of alloted etc • How to have the couple vacate the house? • Can I claim the share of agricultural land which was given to my sister ? What are my rights as only Son of the house and my Father is living and he is on my side as he done already fair allocation and in gentleman way and now to get any more docs from him sign is impossible as he is heavily instigated and influenced by my sister Thanks in advance for your valuable advise and suggestion Thanks
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1) you can transfer electricity meter in your name based on affidavit executed by your father
2) file suit to set aside gift deed executed by father on grounds of undue influence
3) issue legal notice to couple to vacate the house if they are residing in your portion of house
4) if they refuse file suit for eviction
If the property is yours fathers self acquired and he is on your side then you don't have to worry. You can transfer the same in your name with his consent
The property transferred to your name by your father by a notarised deed or an affidavit is not valid in the eyes of law and it is not valid as per the transfer of property act.
If this property was your father's self acquired property, then he could have transferred the said share of property to your name by executing a registered settlement deed and not by such an invalid manner or mode.
In any case neither you nor your sister can claim any share in your father's own and self acquired properties as a right at least not during his lifetime.
Even now you can ask your father to execute a registered settlement deed in your favor towards the property he already transferred to you vide a notarised affidavit.
He do not have to obtain any affidavit or NOC from your sister fro transferring a share of property to you provided he has clear and marketable title on his name,.
In the agricultural property which was given to your sister by a registered gift deed, yo cannot claim any share in it as a right because it is also your father's self acquired property hence his authority over this transfer cannot be questioned by you or through any law of the land.
Dear All Thanks for the valuable suggestion 1) My Father gifted Sister Year 2009 : Said property Mangalore (Karnataka) was agriculture land and transaction was done via gift deed to my sister who is NRI till date, Does she can acquire the property is this legitimate the transaction and lawful for NRI to hold on agriculture land 2) My father bought Agriculture from my ancestor ( Grandfather Brother line) with finance consideration years ago, technically would this should protect my rights as ancestral property established in blood line as being /Only Son/ heir 3) There was no approval, consent or noc taken from me as legal heir at the transfer of agriculture land ? 4) My share which was given as Mumbai chawl property trails of docs are very less in Chawl to get legit, hence it was done affidavit basis, notaries that he transfer the 70% portion of house to me in consideration of finance that i supported him at that time in year 2004 My father done fair gentleman way partition between children's (son and daughter) But now sister wants my share which is not ethically right that too Mumbai chawl and she forgotten that i spend over 25 lacs on renovation, maintenance and uplifting and extension of property and her contribution is zero on said property , this property is close to my heart ( Ration card, Passport, Aadhar card all in my name except Electricity bill) Since my father and mom staying with her in Mangalore she instigating on this matter but i still contribute their monthly expenses every month without fail as son duty Hence i want to understand from you all Legal expert, How to take this matter and solve amicably and if not to go on legal means and how to pursue step by step as this would be done Mumbai or mangalore ?
1. If she was a NRI at the time of transfer of this agricultural property to her by your father by a registered gift deed, then this transfer deed i.e., the gift deed can be challenged on the grounds that she is not eligible for acquiring the agricultural property being a NRI.
2. This property was purchased by your father by a registered sale deed for a sale consideration amount hence it would be his self acquired property only, therefore you cannot claim any rights in this property citing this as ancestral property.
3. If it was his self acquired property then there is no necessity to obtain consent or NOC from you for this transfer.
4. Until and unless the said property was transferred to you by a registered deed, you cannot claim title to the property that was reportedly transferred to you.
However since the property is in your possession and enjoyment and as you posses the documentary evidences for having paid the sale consideration amount to your father and also for the subsequent expenses towards renovation or reconstruction, you can file a suit for declaration of title to your name on the basis of the facts and the supporting documentary evidences in your side.
NRI cannot acquire agricultural land by gift deed
2) gift is void
3) it is not ancestral property and you have no share in property during father lifetime
You don't have to worry she can't demand the said share from you. Let her take and file any proceedings first. As you have possession of the mumbai chawl property you relax. If the said decision of ancestral property is taken without your consent then you can go for cancellation of the said deed by filing civil suit. The suit for mumbai property will be at mumbai only