Property tax payment in my name - can I get ownership?
We are two brothers,Few years back my brother sale deed written in my name(but deed not registered in registration dept.) and he give name change request letter along with copy of deed to property tax collector, Now on wards i paid property tax in my name. If possible any problem arising future in this case and Can i rights to claim ownership above said property?...
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
is it your fathers property or brothers property?
If the deed is not registered in your name the title or absolute ownership of the property is not change.If you pay the tax ,it considered as you paid the tax on behalf of your brother.You have no right over the said property. The name in the registered deed reflect the right owner of the property. So you have no right to claim.
1) mutation of property in your name is only for payment of property tax and does not confer title to the property
2) to confer clear and marketable title to the property sale deed has to be executed duly stamped and registered
3) registration can only be done within maximum period of 8 months from date of execution of sale deed
4) your brother can execute deed of confirmation in your name regarding sale of property to you
5) deed of confirmation can be duly registered to confer clear and marketable title to the property
1. If the sale deed is not registered the title has not passed to you. No title can be claimed under an unregistered sale deed. Holding a property tax receipt in your favour does not make you the owner of the property if you do not have a registered sale deed in your favour.
2. Tell your brother to register the sale deed in your favour.
No, as the property is in your brother's name , paying tax by you does not entitle you for claiming ownership. You should file for suit of partition to claim share in this property.
Until the deed is not registered in your name, it is not valid and you cannot be held as an absolute owner of the property nor you have a marketable title to the property. Mere transfer of tax records will not confer the title.
You may arrange to get the property properly registered on your name at the earliest to avoid problems or litigation in future.
1. No. You can not claim ownership of the said property which does not belong to yours,
2. The said sale deed is invalid for want of being registered,
3. The title of the property is still in the name of your brother even though yiu arec paying the property tax for it.