Advocate Arjun Jain

Questions Answered by Advocate Arjun Jain

Q: How to transfer grandfather's property in my father's name

After my grandfather's death my father has started the process of transfer of property in his name but it has not been properly done yet. The house tax is in my father's name but the proper ownership has not been transferred. kindly let me know the whole procedure to legally get it transferred to my father's name.

Advocate Arjun Jain answered
We must first understand what kind of property holding this is, leasehold or freehold. In either situation, mutation must be done in local departments records, be it lessor authority incase of leasehold or local municipality incase of freehold. For the purposes of mutation NOC from other legal heirs of your grandfather would be required and maybe even a relinquishment deed, depending on where the property is situated and what laws apply there locally. Can suggest more on perusal of complete documents.

Q: How to change house number in registry

I purchased a house property 13 years back in the year 2003 with sale deed and in sale deed House number allotted to us was “Khasra No. 300”. But I haven’t used this number anywhere instead I used House number A-45/A everywhere i.e. while taking electricity connection, water connection and other government document and using this number only for last 13 years. Now I want to change my house number in registry A-45/A. Could you please let me know the procedure of getting my sale deed changed to include my new house number.Please note that nobody is using H.No. a-45/A in my area.

Advocate Arjun Jain answered
It may be appreciated that khasra number belongs to the land parcel and not the property number or address granted to you as per local municipality. The khasra is as per the land records and can't be changed unless the same is redesigned by the relevant department. It is unclear as to for what purpose you require this change. If it's for further sale, both can be written on the fresh sale deed to be executed. Even then, house number and land parcel number will differ and can't be the same, unless they are so, due to mere coincidence.

Q: How to transfer property to the buyer through sale deed or GPA

I have purchased a property in Rohini about 3 years back in Dec-2012. At that time I have not purchased it through sale deed but with GPA. Now I am selling that property and buyer want me to give him sale deed only and not GPA. When I went to the original seller (Say Mr. X) to get sale deed registered in my name so that I can transfer the property to prospective buyer then Mr. X denied in doing that by giving reference to many income tax sections. Could you please suggest me a solution so that I can transfer the property to prospective buyer.

Advocate Arjun Jain answered
A property maybe transfered by way of sale deed or GPA. Further transfer can only happen by way of the first instrument. If you have a GPA in your favour, you can either get sale deed registered in your favour using the GPA. In which case the GPA must be registered with the concerned tehsil. If not, the original owner will have to execute sale deed in your favour first. If nothing goes through, you can do a further GPA in favour of you buyer who will basically step into your shoes qua the rights to the property. Trust this clarifies the position.

Q: After settlement deed can members file for partition?

If family settlement deed is executed thereafter members are against decision taken in deed if decision was taken by pressure that we will not claim share in property any member file suit for partition is it valid if

Advocate Arjun Jain answered
The suit can be filed however there has to be sufficient proof of the alleged pressure at the time of signing the deed and not a mere change in heart. The courts these days are coming down heavily on wrong allegations in suits on oath.

Q: How can I get my jewellery back from inlaws if case is still pending

I just want to know about the dowry that is lied at my in laws home since last more than 1 year so how can I get it back soon as there two cases has been pending in court and they will take more than 2-4 years so meanwhile is there any way so I can go back in my in laws home and posses my all stridhan ?

Advocate Arjun Jain answered
There are ways in both civil and criminal law. Which one to.opt for would he your choice. However to decide upon further course of action details of the pending matter and scrutinization of the documents would be most essential.