Bought property from brother in law on wife's name want to register


I bought a plot on lease in 1998 and registered it on my brother in laws name. I have the proof that i made the payments. In 2017 i got it registered ( purchase from brother in law) on my wife’s name without any issues. Want to know if this transfer was legal or any fault lies here? Also there was no payment done to the brother in law in this as the property was already mine but the registry charges were paid according to the value of the plot in 2017 by my wife. If my wife declares this property then which year do i show the purchase for 1998 or 2014?

Answers (5)


214 votes

आप महोदय की प्रॉपर्टी का मूल ट्रांजेक्शन बेनामी है अतः उक्त प्रॉपर्टी को आपने 1998 में ख़रीदा था किन्तु उसे 2017 में रजिस्टर्ड करवाया है इसलिये आप अपनी पत्नी की प्रॉपर्टी में 2014 में जो प्रॉपर्टी दर्शित करना चाहते है वह रजिस्टर्ड होने के नाते 2017 को ही मान्य किया जायेगा|


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333 votes

Dear Sir / Ma'm - As far as the validity of transfer in 2017 is concerned, the same depends upon the transaction carried out by you in 1998. If you can verify and confirm whether the transaction of 1998 was a lease or conveyance, then perhaps the issue of validity of transfer in 2017 can be assessed and determined.

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61 votes

Purchase will be of year 1998 only as in that year the property was actually purchased and the amount was cridited from your account . w.r.t to transfer that took place in year 2017 there is no need to give the amount to your brother in law as you have already paid the amount back in 1998. yes the transfer is fully legal as all the government duty has been duly paid.

118 votes

In registered sale deed case, payment should be shown to brother in law from your wife other wise without consideration sale deed can not be treat legal and purpose of income tax also you and your wife have individual capacity as income tax payer. I am of the opinion you should show first transaction in year 1998 by you and second transaction in year 2017 from your wife.

106 votes

In the year 1998, your brorher-in-law was the owner on record. You cannot show it purchased in 1998, even if you had made the payment.

Again, on paper, the property was purchased by your wife in 2014/2017.

Even if you paid consideration at that time, your brorher-in-law became owner-on-record. And he has sold the property to your wife later in 2014/2017.

Both the transactions, of 1998 and of 2014/2017, are valid. You may be liable to pay only those Govt. dues/taxes which may have remained unpaid, this will not in any way affect the validity of both the transactions.

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