Legal Question in Real Estate Law in India

I and my husband have purchsed an independent house in Hyderabad A.P. two storied on 210 sq. yds from my own unmarried elder brother in1998 but two the sale deeds executed for first floor and ground floor to the extent of 45 sq.yds and 33 sq .ydsand the remaining part in the form of a registered agreement of sale cum general power of atorney (irrevocable) due to nonavailability of funds at once. we have taken the possession of the property after giving him full consideration. Now can isay that iam the owner of the property? Also we thought of renovation of the property by taking a home loan from a bank, then is it posiible or do. Or which is the simplest document i have to make to get the full ownership also iam his only legal heir and successor


Asked on 7/24/09, 6:09 am

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Until you get a proper sale deed registered for the balance portion, you can not say thaat you are the owner of the full property. You may also not get a housing loan until registration of the sale deed for the balance portion. Of course, your brother can execute and regsiter a Gift Deed in your favour for the balance portion. This may save stamp duty.

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Answered on 7/24/09, 6:22 am


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