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House registry not traceable but partition need to be filed what to do
28-Dec-2023 (In Property Law)
partition need to be filled but registry is not tracable in registry room since house was purchased in 1945 but house is occupied by brother (he is Not residing in house) No electricity meter is there (earlier it was) there are 1 borther & 2 sisters but property owner is their father (now dead) as per municipal corporation record, they do servey who found on premisses, record name of person whether he is owner or not for revenue purpose now borther name is showing in municipal corp. but RTI filled why municipal shown this brother name as owner or occupier in house tax assessment but RTI department replied, we record on normal survey it does not proof as ownership now both sisters want to take share but brother denied same, brother also do not have registry, how to show ownership proof how to file partition case & which proof can be use as ownership proof of father
The question within itself is not clear the registery is not there??Then in whose name the property is mutated who is the owner as per records and who is in possession would be considered as a absolute owner of the said property.Therefore please get in touch for further clarifications thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Dear Sir
the ownership documents can be located int he concerned office of the sub-registrar or by seeking RTI from the said department. or there should be some NCR or FIR for the loss of the document since you have no proof of the ownership of the document that the said property was a joint family property. further your sisters cannot claim share since as per the Hindu Succession Act before 2005 females did not have any right in the estate of the father. Whereas if your father have died after 2005 then only they can claim share in it and for the same partition case can be filed.
the ownership documents can be located int he concerned office of the sub-registrar or by seeking RTI from the said department. or there should be some NCR or FIR for the loss of the document since you have no proof of the ownership of the document that the said property was a joint family property. further your sisters cannot claim share since as per the Hindu Succession Act before 2005 females did not have any right in the estate of the father. Whereas if your father have died after 2005 then only they can claim share in it and for the same partition case can be filed.
Helpful?
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Adv. Harshit Jain
Delhi | 100+ Answers
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Dear Sir,
Please proceed with initiating a case for partition. Your sisters may have a limited share but you have a share in the property equal to that of your brother. You need to contest for your right and claim your right in the property.
Thanks
Please proceed with initiating a case for partition. Your sisters may have a limited share but you have a share in the property equal to that of your brother. You need to contest for your right and claim your right in the property.
Thanks
Helpful?
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Adv. Dheeraj Gupta
Delhi | 25+ Answers
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Need to know more about when did the owner of property died. What is the age and year of inheriting the property by the brother. If the time is more than 12 years then the limitation period has exhausted. Therefore could only advice if certain ambiguities are made clear.
Helpful?
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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