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Question
QUESTION: Sir,meri late mother ne 6.6.1984 me ek land kharida  rs 10 stamp paper par  with  her signature and 1 witness.
but it has Not Registered till now in sub-registrar office.
is it Valid now or not?
is land par hamara ghar bane 18 years ho chuke hain.
sir humne jab bhi ex-owner se Registration ki bat ki usne mana kar diya manchahi keemat milne ke bad bhi.

humne phir jab ex-owner ke death ho jane par us ke son  se registaration ki bat ki to wo aaj k time me jo land ka rate chal raha hai wo mang raha hai  warna hum par land kabja karne ka jhuta case karne ya kisi aur ko land registry karne ki dhamki de raha hai.
jabki stamp par ye likha hua hai ki agar wo kisi tarah ka bhi bad me virodh karta hai to use Interest ke sath di hui keemat lautani padegi.
sir plz help us mere papa ne apni puri kamai is zameen par ghar bana ne me laga di hai.

ANSWER: In case of property whose value exceeds Rs. 100/- registration is obligatory .Otherwise no transfer of property will take place.Ownership of the property will remain with the person in whose name it appears in the Revenue Records of the Govt.
If a person dies intestate, his property will devolve upon his legal heirs as per the provisions of the Hindu Succession Act.
Please consult a lawyer for further advice in the matter.

---------- FOLLOW-UP ----------

QUESTION: To kya 1984 me stamp paper par  hua ye agrrement valid nhi hai?
aur owner kitni bhi keemat mang sakta hai? aur utna na de sakne ki halat me is land par bane ghar ka kya hoga?

Answer
Moreover, Agreement should have been executed on a stamp paper of appropriate value as per the then rates prescribed in the Stamp Act.Further,time limit to register the Agreement is 4 months from the date of its execution.Otherwise substantial penalty will be payable.Till registration,it has no validity in the eye of law.
In view of the above,U can apply for Succession Certificate through one of its beneficiary including yourself.Alternatively,U enter into a "Family Settlement Deed".It helps to maintain peace and cordial relation within the family and also facilitates equitable distribution of the wealth left by the deceased.However, it will be necessary to get the said Deed registered and thereafter, approach Municipality to make necessary changes in its record.It is a serious irregularity to show ownership in the name of a deceased person.Till the Succession Certificate is obtained or "Family Settlement Deed" is executed,please apply to the Municipality for Joint Ownership of the property.
Please take immediate appropriate action on the matter in consultation with a property lawyer.

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Arun Kumar Maitra

Expertise

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.

Experience

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.

Organizations
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

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

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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