Grandfather sold property to first wife but did not get registration


Dear Lawyers, I need advice for the below situation. Sorry for the long paragraph My grandfather died in March 2015. He had two wives, with 1st wife (who is my grandmother) he had 2 daughters(1966) and after few years he married another women and had a son (1978). However he was legally not divorced to his 1st wife until 1992. In around 1985 he brought a property in Hyderabad which was registered on his name in 1995. He took 1,50,000 from his 1st wife to buy a house however without any agreement and later in 1997/98 he sold the above property that was registered in 1995 to his 1st wife with an agreement in 100 Rs stamp paper. Due to mutual agreement and since my grand mother believed him she didn't register the property thinking that there won't be any issues in the future. My grand father died in March 2016, however he didn't write any will to anyone about the above said property but surprisingly his 2nd wife and son have started asking to distribute the property into 3

Answers (1)


268 votes

Hi
Since your grand mother is NOT divorced, your grand mother is the legal heir of your grand father. second wife of your grand father is not the legal heir.
Now coming to the title of the house, unregistered agreements are not valid in the eyes of law.
However in your case, the unregistered agreement might come of use since it was drafted in the year 1997/1998. So need to see the contents of the 1997/1998 document to suggest the claim. Since the document transferred ownership from grand father to his 1st wife, if the property tax receipts are in the name of 1st wife, the 1st wife can make an absolute claim of the property citing possession and continued usage.
Can help. but need to see the content of the 1997/1998 document.


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