Legal Question in Real Estate Law in India

In 1964 my late father jointly purchased a land with Mr X under a common deed with a clear agreement of equal ownership.

In 1999 Mr X with my father consent sold his part & my father as a confirming party signed the sale deed.In that paper it is clearly written that the remaining unsold part belongs to my father.They even had a clear demarcation drawing approved by local municipality which was attached with the document - it was under Govt stamp paper.Now after my father death I have applied for mutation & consulted with a legal advertiser who is of an opinion that the remaining part ( which belongs to my father as per the deed ) is equally owned by my father & Mr X as there was no official apportionment done.So I first need to take a gift deed from Mr X of that remaining part.I am not clear on this as I feel the document of sale deed that Mr X has done at the time of selling his part clearly mentions that the remaining part belongs to my father.Thus he has no right any more on that part plus my father has given stamp duty to Govt at the time of purchasing the land & had no plan to sale it - So the question of double payment of stamp duty is not acceptable.

Meanwhile another law consultant told me that there is no need to give any new stamp duty for getting rights from Mr X - only a no objection declaration under Rs 10 stamp duty is enough to claim mutation of this land in my name.

Am I right - pls guide me.

Somen Sengupta- Calcutta

[email protected]


Asked on 9/15/13, 1:55 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

16.09.2013

Dear Somen,

You are absolutely right in your approach and are being wrongly misguided by other lawyers who say that you need to have a Gift Deed or a NOC.

You continue to remain the lawful owner of the portion of your father's property. You should ensure that the title of the portion belonging to your deceased father, is transferred in the name of your mother; or if your father has left behind a Will, in the name of the beneficiary named in his Will.

You should complete the prevailing procedure for transfer of title with the Tehsildar / District Registrar by submitting your deceased father's Death Certificate along with your application for transfer of title.

Regards,

Read more
Answered on 9/15/13, 10:42 pm


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