registered sale deed should be executed by wife in your father favor
2) it should mention that consideration of x amount was paid to her husband but sale deed was not executed earlier
Land registry
Need a help with a peculiar case of land registry. My father bought a land in th year 1995 in Kanpur but did not register the property at that time and never since then and he constructed a house on it where we live now. He served in armed forces so basically we never lived there after constructing house and it was on rent, until recently when he retired and we moved to that house. We have all other necessary documents in his name like electricity bill, phone connection, duly paying the house tax to kanpur municipal authorities BUT now we want to get the land registered in a already constructed house so that we don't run into any conflict or issue with respect to land. How can we do it? We even spoke to the original land owners wife who knows that this land was bought from her husband and it was just a casual transaction happened at that time without any documentation and we bought the land and now she is ready to sign and transfer the ownership to us but we don't want any money transaction to happen between us and her. How should we proceed in this case? What could be the possible case for us.
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
There must a conveyance deed, which can be executed now and since you do not want any monetary exchange to happen(as payment was previously made), the owners wife can execute a gift/relinquishment deed.
Applicable stamp duty will have to be paid on the gift deed/relinquishment.
- After the demise of the owner , his legal heirs can execute the sale deed in your fathers favor.
- The said sale deed must having clause that the consideration amount of the land was dully paid to her husband and the same is accepted by his wife.
- Further, if you don't want to show the amount in details , then she can execute a registered gift deed instead of sale deed.
If the original landowner has died but survived by his legal heirs, then all the legal heirs have to execute a joint registered sale deed in favor of your father or anyone your father may decide to have it registered.
If they do not come forward, then your father can file a suit for declaration of title and interest to his name on the basis of the documentary evidences in his possession and enjoyment of the property.
Whatever, the applicable stamp duty has to be paid
Dear client,
Transferring property ownership in India without a registered sale deed presents some difficulties, however there may be ways around them. In order to prove your ownership, you should execute a gift deed in accordance with Section 122 of the Transfer of Property Act, 1882. Your father may receive the property as a gift from the original landowner's wife without having to pay for it.
- Gift Deed: Write a Gift Deed that expresses your intention to give the property away for free. The deed must be signed by the two parties and two witnesses.
- Stamp Duty and Registration: Register the Gift Deed at the sub-registrar office and pay the required stamp duty based on the value of the property. This confirms the transfer in accordance with Section 17 of the Registration Act, 1908.
- Affidavit: Enclose an affidavit attesting to the voluntary nature of the transaction with the Gift Deed, written by the original landowner's wife.
Hope this helps you.
You say your father purchased the land in 1995 based on an oral agreement, and later constructed the house and you have been living there and paying the house-tax regularly. In the circumstances, your legal title can be safely established on the grounds of 'adverse possession' if anyone challenges it in future in a court of law. It cannot now be regularized by any documentation. Moreover, if you reopen the issue, you run the risk of blackmail from the owner's wife and his other legal heirs. It is, therefore, better to let the present legal status continue.
You need to get the declaration from court by filing suit if it was a causal transaction
