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Indian Law/property dispute


QUESTION: my late mother bought a plot of land in delhi in 1955 from the money she got from the railways after the death of my father. The plot was bought in the joint name of all her four sons. Two of the sons were adult and the other two were 12 and 4 years old at that time 1955. I am the one who was 4 years old - the youngest amongst the four sons. The mother died in 1999. Owing to some emotional pressure from one of my elder brothers, I wrote a will, GPA and an Agreement to sell for the consideration of one lakh rupees more than 5-6 years ago. I never received the money because it was never intended for the money to be given to me nor did I want it but despite that I signed a cash receipt. Since it was an emotional exploitation by my elder brother whom I treated as fatherly figure - he is 12-13 years older to me, I want my share of land back from him. Initially he agreed to return my share of land to me ,but afterwards backed out. Sir, is it possible for me to get back my share of land from my brother? If yes then how? Kindly advise. Thanks.

ANSWER: First of all , please arrange to verify the existing title-deed of the property through some lawyer.In case  the property still remains in the name of your mother due to non-execution and registration of a Conveyance -Deed, then after her death you will also get an equal share with yur other children of your mother.Mere execution of an Agreement to Sale does not confer any title-deed to the property.For the said purpose a Sale Deed has to be excuted and registered.Then and then only in the revenue records, transfer of title will be accepted by the Govt.If it was done then you have no right to get back the property.
In view of the above,please take apprpriate decision in the matter in consultation with a suitable lawyer.

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QUESTION: thanks for your prompt reply to my question. However, you have answered my question based on the assumption that the the said plot of land was bought in my mother's name which is not true. As stated in my question, the said plot was bought in the joint names of her four sons and my mother never included her name in the property though she paid for the property from the money she got from the railways (my father used to work for the railways and died in service) after the death of my father. Since I am one of her four sons,my name also appears in the sale deed along with the names of my three elder brothers. As stated earlier, under emotional pressure from one of my elder brothers I wrote a will, GPA, and an agreement to sale in his favour for the consideration of Rs one lakh. I also signed a cash receipt for the amount and registered my will in my brother's favour. I believe the "the agreement to sell" was also notarised but certainly no stamp-duty was paid and thus no sale-deed for my share was made in favour of my brother. Under these circumstances, can I legally claim back my share of the land from my brother who has been occupying my share and has rented it out to a tenant. Please advise. Thanks.

Since you had executed the WILL under emotional pressure, it will be treated as invalid,if challenged before the court.Moreover, you can still cancel that WILL because it will become effective only after your death and not during your life-time.Moreover, ownership of the property does not transfer unless and until a Sale-Deed is executed and registered.Agreement to sale is a preliminary step to sale.It is followed by a formal executon of a Conveyance-Deed.
In view of the above, you have a strong ground to get re-possession and ownership of the property.So, please consult a property lawyer immediately and take appropriate action in the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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