Good evening sir, My mother has one elder sister, two younger brothers, in the 2 acres of ancestral agriculture land two brothers laid plots in the agriculture land and purchased the plots to third parties in 1993 to 2008, In 1993, my mother purchased a plot of 760sq yards with an amount of Rs.15000/-, amount paid then completely against that agreement of sale/deed [unregistered on Rs.10/-stamp paper] given to my mother. They mentioned in the agreement handed over of plot from the date of agreement made. Since the brothers are blood relations, due to my mother lack of knowledge the plot was not registered then, there was no time frame/dead line mentioned in the agreement of sale, mentioned handover the allotment plot with boundaries. In 2002 & 2012 one brother died with heart attach and another died after prolonged illness [cancer], due to prolonged sickness [more than 10 years],my mother and my father was not pressed to do the registration. Since 2013, the family members of diseased were not come forward to made registration of agreement till today. In 2016 April, my mother got position certificate from Revenue department pertaining to plot in the village. Since my mother age is at 74, she is interested to perform sharing of proper to sons, in August'2016 she made registered will[based on position certificate and sale of unregis- agreement] to two sons. May i request the experts to help/suggest my mother what kind of step to be taken, how to get registration of plot and have ownership on the plot. shall the registered will have the power of ownernship?
Weather a registered will have the right on plot? Do we have right to sell the plot? Ever since died of my mother two brothers the elder sister son is seeking her sister share on the plot and has been instigating others not to attend registration process till the share on the plot is confirmed. recent sent a notice to my mother seeking share on plot. But my mother is purchased from the part of two brothers like other parties but the plot was not acquired from ancestral property.
1) if sale deed was not executed by sellers your mother should have filed suit for specific performance within period of 3 years
2)she should now call upon sellers or if the sellers are dead their legal heirs to execute deed of confirmation in mother favour
3) deed of confirmation should be stamped and regd.
4) uour mother does not have clear and marketable title to the land as on date
You don't have clear title to plot
2) yiu will not be able to sell the plot
3) your mother should file declaratory suit that she is absolute owner of ploy as full consideration paid by her to her brothers
4) she can execute will for the plot
5) contact a local lawyer
The registered will without having proper title documents shall not be valid in respect o the bequest of properties made in that will.
She has to possess marketable title to transfer the property to anyone of her choice.
Now she can get the property either registered on her name by a registered partition deed executed between her and the heirs of her deceased siblings or a family arrangement deed duly registered after which she can transfer the property to anyone of hr choice by any mode or manner.
If the legal heirs of the deceased siblings are willing to register the property directly on your name by executing a registered sale deed, you can get a NOC from your mother duly notarised and proceed with the sale deed.
Weather a registered will have the right on plot? Do we have right to sell the plot? Ever since died of my mother two brothers the elder sister son is seeking her sister share on the plot and has been instigating others not to attend registration process till the share on the plot is confirmed. recent sent a notice to my mother seeking share on plot. But my mother is purchased from the part of two brothers like other parties but the plot was not acquired from ancestral property.
There seems to become intentionally created problems by some favor mongers, hence this situation will ot be conducive.
Your mother's registered will may not entitle you to acquire the property if she has no legally registered title to the property.
You should discuss the issue in elaborate with a local advocate by presenting the relevant papers before him to arrive at a proper solution or steps to be taken to retrieve the property.