Unregistered partition deed
My father sold his 2Acre land to his own uncle (younger brother of his father ) at the time of sudden demise of my grandfather in 1939, to clear my grandfather loans, the sale consideration amuont paid directly to private mortgage loan committed of my grandfather, My father uncle allow my father to enjoy the property with disturbing by any family members including his only son,(no children adopted me unofficial) after uncle father expired all revenue records changed to his name with out disturbing my father possession, 1995 after my father death I came to know the land records in my uncle name and I requested my uncle to transfer the property and happily transfer the property by un registered settlement and all records change to my name,, I converted land to residential layout in 2014 and sold few sites, now my uncle second wife children demand and claiming property, on ground grandfather property my uncle also expired in 2003, please your advice is most appreciated
Asked 1 year ago in Property Law from Bangalore, Karnataka
1) deed of settlement has to be duly stamped and regd to be admissible in evidence
2) you have to contest suit filed by uncle second wife and children that mutation has been done in revenue records on basis of settlement arrived at with uncle
3) better arrive at an amicable settlement with uncle legal heirs
Your uncle could have transferred the property to you during his lifetime but this could have been done only through a registered deed. If the deed is not registered then the transfer is void, as a corollary thereto the land devolved through succession on the heirs of your father's uncle who can file a suit for recovery of possession against you. The deed has to be perused to understand what exactly are the rights created by it. So consult a lawyer personally.
If your uncle married the second wife during the subsistence of his previous marriage then those children shall not be able to claim a share n the property, but otherwise they may very well claim.
However since the unregistered transfer/settlement is in your name and you have already converted the property into plots and have already sold a few on that basis, you may fight it out till the end, they may not be successful to prove their claim since the property was already transferred on your name