Legal Question in Real Estate Law in India
Family property Dispute
Sir,
We are Hindu, My mother had sold me first floor with roof right four year ago, and it was registered in registrar office with the only witness of my Father. Is one witness of father is OK.
Now After the death of my mother(two year before), Now my younger brother is not allowing a passage from ground floor to First Floor.
The ground floor of the property is still in the name of my mother. now what ratio ground floor is divided. we are four person in our family(Father, Sister and to brother).
Question 1: My registry of First floor is OK.
Question 2: can I get passage from ground floor to first floor. there is about eight foot space vacant from main gate to first floor stairs.
my younger brother querrel and creating problem whenever anyone from family talk to him about property. Kindly tell me how should I go to solve this problem.
with regards
3 Answers from Attorneys
Re: Family property Dispute
From your facts it seems your father was a witness to registration of deed and its ok.
Regarding passage, the sale deed from your mother to you must have mentioned that in the same. Please check.
Please also check in your deed any statement saying that you have relinquished all rights in the ground floor.
Re: Family property Dispute
Advise based only on the facts and circumstances mentioned here:
Answer to your First Query:
Your registry of First Floor seems valid since it was registered by the sub-registrar. Although, minimum 2 witnesses are required to witness any agreement, however, in your case, you got your sale deed registered by a Sub-registrar even it had mere one witness. In any case, witness of your father is also valid.
Answer to your Second Query:
The rights to get a passage must be mentioned in any clause of the sale deed, please confirm. On the presumption that, since it was a sale deed executed between family members so it might not focused on those specific concerns to put a specific clause for right of passage in the sale deed, eventhough your right to get a passage cannot be restrained.
We suggest you to speak clearly to your brother to give you a passage, otherwise in all cases you will get it through court. Further, if your mother died without any legal will, then the ground floor shall be distributed equally amongst her all legal heirs viz: your father, you, your sister, your brother. So, you will also have a option to claim your right in the Ground Floor property.
For detailed opinion, you can furnish full facts and details of the case.
Re: Family property Dispute
Sale Deed is required to be attested by two witnesses. Check whether your father was attesting witness or a witness who identify executant in registry.
Estate of your mother would devolve upon her heirs viz. husband, sons, daughters, sons/daughters of pre-deceased sons/daughters etc.
In your sale deeds there must be mention of passage etc. Check the same.
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