Santhosh C
Asked October 25, 2016

Land with oral agreement for return

  • 2 Answers
  • 371 Views

Dear Respectable Lawyers, I bought a land in my native 10 years ago where I built my house then after. During the time of purchase, I registered the property in my mother’s name for which she “orally agreed” to return it to me when time sets out right. Little problems surfaced earlier due to my sibling’s interest in this property by taking an advantage of mom’s legal holding, and this did not matter much to me at that time, and I turned a blind eye. Since a year, my property have become one family dispute & a serious concern to me as my mother is showing interest in dividing the property in to 3 equal parcels (3 siblings incl me) without my consent & voicing her legal rights she has with this. Please advise how to take this forward. Thank you & I appreciate your time. FYI: I have taken this matter to the court. I have issued a “Cheque” at the time of registration. (the cheque dated during that time & the registration date are same)

Answers 2

Mere fact that you made the payment will hold no water.  Under the Prohibition of Benami Transaction Act, the recorded owner is the owner of the property.  Also please have a dig into the section 14 of Women Right to Property Act. 

Agree Comment 0 Agrees about 4 years ago

Default avatar
Srija Choudhury
In this matter, even though you have paid for the said property, value is always given to the registered name. The amicable way to settle this dispute will be to obtain a no objection certificate from each of your sibling as well as your mother stating that they agree on the fact that you are the actual owner of the property and they do not dispute your claim on it. In this process, as a part of negotiation you may have to pay off your siblings and mother some amount in case they demand so for issuing the no objection certificate. Otherwise on the other side you can institute a title suit for the said property. It will be favourable if mutation of the said area is in your name. The cheque also has some evidentiary value for the purpose of instituting the suit.
Agree Comment 0 Agrees about 4 years ago

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