Q.: About 13 years ago, my mother financed the purchase of a revenue plot in Bangalore in the name of my brother who was a student (but was a major) at the time of purchase. GPA and Sale Agreement are both in my brother’s name. The plot is not registered at the Sub-Registrar’s office also the absolute sale deed has not been executed. The entire amount of the price was paid at the time of sale agreement. After my brother got employed, he became a BDA site allottee and late also purchased a fully constructed house (cofounded by his wife). After these developments, my mother asked my brother to relinquish the hold on the plot since now he is in a very sound position. My mother is 65 years old and is a retired teacher. But my brother is not willing to part with this property due to sheer greed. My mother was living in that property (she had later financed a construction of small house on this plot) for a few years and later shifted to her old residence due to lack of basic amenities. The property currently has electricity connection by KEB (at least 8 years as far as I know). It has been let out for rent.
I would like to request your advice in this matter if my mother can get registered in her name, provided that the seller is agreeing to cooperate with her. The sale agreement and the GPA of the said property are in the possession of my mother. She has in fact paid the annual taxes the betterment charges, the SAS (very recently). Application for khata has been made in the year 2001.
Kindly advice me as to what legal solutions are available to get the property registered in my mother’ name.
A.: The particulars furnished by you are not clear and sufficient. You have informed that your mother financed the purchase of a revenue site, but has not mentioned, whether the sad land was converted for non agricultural purpose. If not/purchasing/owning revenue site i.e. non-converted agricultural land has many restrictions. Further, it is necessary to know when that area has come, under city municipal limits, who is receiving the rents, and whose name the property is assessed for tax and receipts are issued and who is paying the tax, who has paid the betterment charges, and in whose name the power installation stands. Since the GPA and other documents are in the name of your brother, it would be not advisable to approach the original seller to get the sale deed registered in the name of your mother.
However, if your mother could establish that she has finance the purchase of site and construction of the house, she may approach the court for relief. You may obtain legal guidance in this regard. If the rents are received by our mother and property ax receipt betterment charges receipt and power bills are issued in the name of your brother, she sand better chances better you can talk to your brother and come to an amicable settlement.
Q.: My friend wants to avail loan from a bank and the bank wants the security of the building. Though this is very common, the bank wants the building to be transferred to and says that it will retransfer the building to my friend on payment of dues. Is this is allowed in law?
A.: The transaction referred by is allowed in law and is called “English Mortgage”. The procedure is that the owner of the building transfers the property to the Bank agreeing to pay the entire amount on some date, the bank in turn agrees to retransfer the property to the owner on payment of all dues on or before the agreed date, on payment of all des, the mortgaged property will be reconvened.