sundar1811
New Member
Dear members,
i am looking to buy this piece of land near kanchipuram that used to belong to two brothers. It is their ancestral property, coming into their hands through generations of ownership. The only 'mother' document is A-register entry and patta copy. The elder brother and younger brother are both named as joint owners on both 1985 A-register and patta. Now in 2009, elder brother has passed away. 2010 - wife of elder brother as well as 6 of his children 'settle' 100% of the land in favor of the youngest son of the elder brother for a consideration. Please note the settlement is for 100% of the land while the elder brother has only 50% ownership. And this settlement deed is registered in the registrar office. Apparently there was a verbal agreement between elder and younger brother back in time when the elder brother was alive, for elder brother to get full title of the land. (there were other lands that came into the possession of the younger brother in return, but all these were verbal arrangements) But this was not put down on paper. Younger brother now seems willing to do any remedial measures to regularise this gap. My questions are :
1) how can the registrar register the settlement deed when it clearly does not have a preceding document that gives 100% ownership to elder brother?(settling parties have ownership for only 50% of what is being settled)
2) what needs to be done to remedy the situation ?
I am being given divergent opinions - that we need to do
OPTION I :-
a) a pre-dated settlement deed preceding the death of the elder brother as if younger brother is settling his 50% share in favour of the elder brother(this will be a document that is not registered at the registrar office)
b) a RATIFICATION deed that rectifies the fact that the earlier settlement deed as a) above was not registered before the elder brother passed away. This will necessitate payment of 9% stamp duty at current value.
OPTION II :-
Do an acceptance deed dated today, where younger brother and his legal heirs state the chronology of events, including the earlier verbal agreement and state they have no title to the property and are giving it all to the elder brother(now deceased) and his heirs. This will bear a nominal stamp duty.
Now, which of the above is the right thing to do? What else should I get done by way of paper work? (I am getting A-reg extract, patta, settlement deed(from wife of elder brother and 6 children to 7th child), and EC).
This 7th child has mortgaged the land to another person and I am assured this will be 'released' through a receipt simulatenous with my registration.
Please advise me.
Thanks
Sundar
i am looking to buy this piece of land near kanchipuram that used to belong to two brothers. It is their ancestral property, coming into their hands through generations of ownership. The only 'mother' document is A-register entry and patta copy. The elder brother and younger brother are both named as joint owners on both 1985 A-register and patta. Now in 2009, elder brother has passed away. 2010 - wife of elder brother as well as 6 of his children 'settle' 100% of the land in favor of the youngest son of the elder brother for a consideration. Please note the settlement is for 100% of the land while the elder brother has only 50% ownership. And this settlement deed is registered in the registrar office. Apparently there was a verbal agreement between elder and younger brother back in time when the elder brother was alive, for elder brother to get full title of the land. (there were other lands that came into the possession of the younger brother in return, but all these were verbal arrangements) But this was not put down on paper. Younger brother now seems willing to do any remedial measures to regularise this gap. My questions are :
1) how can the registrar register the settlement deed when it clearly does not have a preceding document that gives 100% ownership to elder brother?(settling parties have ownership for only 50% of what is being settled)
2) what needs to be done to remedy the situation ?
I am being given divergent opinions - that we need to do
OPTION I :-
a) a pre-dated settlement deed preceding the death of the elder brother as if younger brother is settling his 50% share in favour of the elder brother(this will be a document that is not registered at the registrar office)
b) a RATIFICATION deed that rectifies the fact that the earlier settlement deed as a) above was not registered before the elder brother passed away. This will necessitate payment of 9% stamp duty at current value.
OPTION II :-
Do an acceptance deed dated today, where younger brother and his legal heirs state the chronology of events, including the earlier verbal agreement and state they have no title to the property and are giving it all to the elder brother(now deceased) and his heirs. This will bear a nominal stamp duty.
Now, which of the above is the right thing to do? What else should I get done by way of paper work? (I am getting A-reg extract, patta, settlement deed(from wife of elder brother and 6 children to 7th child), and EC).
This 7th child has mortgaged the land to another person and I am assured this will be 'released' through a receipt simulatenous with my registration.
Please advise me.
Thanks
Sundar