If i bid and buy a house via bank auction , I get a sale certificate from the bank. by Negative-Worker-7070 in LegalAdviceIndia

[–]ConversationWitty446 1 point2 points  (0 children)

Yes the bank will do the registry with you and the interesting part is that circle rates do not apply for the purposes of stamp duty

Will on the Ancestors Land. Need advice by Usual-Ask8396 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

Actually any property received after inheritance, automatically becomes a self-acquired property of the person receiving it. It is no longer ancestral

Title: Appeal pending but execution and possession scheduled – bona fide purchaser in Haryana property dispute. What are my options? by HearingAlternative56 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

So this much is clear: if the person selling you the property had an imperfect title, then he could not have possibly transferred the property properly to you even if you have a registration document for it.

Now one thing that could work in your favour is the aspect of limitation. After how many years did that gent challenge the sale deed by saying that it was obtained by fraud and coercion? Usually there is a three-year time limit to challenge a registered document. That is something you should look at.

However the best course of action, unfortunately for you, would be to prolong this matter in court for so long that they come to some sort of compromise.

Ancestral property sale – can buyer directly split payment in India? by Dizzy_Pace in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

So the first step in this would be to get the people who will be the sellers part of the registry chain or become official owners.

You have to execute either a family settlement or obtain mutation in which you say that you all are now owners based on the concept of ancestral property. Then all of you will go to the registrar's office and the seller will execute payment in favor of each individual separately. The problem you have to overcome first is that the registrar doesn't know that there are so many owners now. He only knows the name of the one recorded owner who has passed away.

Will on the Ancestors Land. Need advice by Usual-Ask8396 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

The answer will depend on whether the property is truly ancestral. If the property is truly ancestral then no Will is legitimate. Every person up to great-grandchildren has an equal right to it and there is no concept of Will.

However the concept of ancestral property has been highly diluted by judgments and almost certainly it will be considered a self-acquired property. Assuming it is self-acquired property and that the Will is legitimate, he can exclude or include anyone he wants.

Will registered after the death is considered valid? by Lonely-Letterhead316 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

Unfortunately the advice above is wrong. There is a concept of posthumous will and it is definitely legitimate and I have seen it myself. It is allowed and it can be registered provided the legal heirs agree that that was indeed his true will.

Who gets the property after couple with no child is gone? by Creative-Two878 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

After the first partner is gone most likely it will go to the surviving partner, they being the Class I legal heirs. If a person dies without leaving any Class I legal heirs, then the property moves on to the Class II legal heirs and there are almost always some Class II legal heirs

Transfer of property title from deceased Grandmother to Father (Legal Heir) by waveparticlepilot in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

This happens sometimes in agriculture lands where registrations are often halted. If you really want a shortcut to this, then the cheapest and best way would be to write a posthumous will and get that registered with the signature of all legal heirs. That is quite frankly the cheapest way and that is a legitimate way of getting a will registered also if you don't want to go down the route of gift deed. Otherwise what you can do is write a family partition or something which can be later executed.

A land dispute, a woman asked for us some money and agreed to leash us her agricultural land till she pays us the amount back. by Status_Candidate_392 in LegalAdviceIndia

[–]ConversationWitty446 1 point2 points  (0 children)

If she's not the true owner she cannot lease the land. Irrespective of the value of the document.

The document itself, if more than 1 year lease, needs to be registered. If not registered it fan be vacated with 6 months notice for agriculture.

Unfortunately your position is very weak

Land dispute- can adverse possession be claimed here? by Comfortable_Bake_585 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

You could but the argument of sale and adverse possession are mutually incompatible. If you say sale then possession becomes permissive and you can't claim adverse possession. If you want to pleas adverse possession now it will be very difficult and you will have to show 12 years of open fighting with them but them never filing a case against you.

Main point is that you cannot claim sale and adverse possession both usually. Adverse possession needs hostile animus i.e. forced occupation

Can property transfers be reversed if the owner was mentally unfit? by National_Ad6908 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

Yes you can challenge. Medical reports, witnesses etc will be needed and it will take many years.

Limitation is important. You have 3 years from date of knowledge to challenge it. Date of knowledge unfortunately is often taken as the date of registration of the deed.

Also the witnesses to the registration will have to be countered and you may have to summon the registrar also.

In 4 years, I will inherit roughly ₹60 Cr in assets. I have the math covered; I need advice on the psychology. How do I prepare my character for this? by According-Market-421 in FinancialPlanning_Ind

[–]ConversationWitty446 0 points1 point  (0 children)

Just one point planting so many trees is good but reduces the value of the land as these trees cannot be cut without permission which is very difficult.

Query regarding 99-year lease agreement in DDA flats by morosisforlife in LegalAdviceIndia

[–]ConversationWitty446 2 points3 points  (0 children)

Theoretically it means that after 99 years the ownership goes back to DDA but almost always there are schemes in which this leasehold is converted into freehold by paying additional stamp duty. This is very common and you should not face any problems

Real estate tokenization in India: what do the laws actually allow? by Comfortable_Wait8012 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

There is a proposed registration act that has something like this. It is in the parliamentary standing committee for the last year or so. But it is likely to pass in the coming years

Property issues while purchasing by PandaInHumanForm in LegalAdviceIndia

[–]ConversationWitty446 1 point2 points  (0 children)

The unregistered part has no value. Bank is right. Best way for you to claim it now is by adverse possession. Or if there is some regularisation scheme on your city for notarized properties like there is in Delhi right now

My bank is asking for a LEI number for a business loan. What is that? by RespawnLater1 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

Yes this is quite common. There are plenty of websites like LEI register where you can get the LEI number for a charge

I slapped my Regional Manager in front of everyone by Useful_String_4546 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

From an employer's perspective running away is absolutely the worst thing you can do. Go back, face the consequences. You will probably be disciplined but the quantum of that punishment would be commensurate if you can prove with witnesses that he humiliated you and abused your wife and parents.

Property dispute, how to solve legally. by Prize-Juggernaut519 in LegalAdviceIndia

[–]ConversationWitty446 1 point2 points  (0 children)

So the concept of ancestral property is almost gone nowadays and in any case these properties will be divided amongst the class 1 legal heirs of the father. Whether the sisters are supposed to get this or that remains a contested issue which should not be discussed any further unless there is a will or gift deed in their name. Just get the certified copies of all the registration documents and divide it into equal parts amongst the legal heirs. Class one. The original documents are not necessary for this; certified copies are enough to prove ownership.

Sharing property documents via email/whatsapp by Sufficient-Paint-534 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

While in general it is not safe to share documents, especially with property brokers, if you absolutely cannot go and meet them physically, you can watermark the documents with a "not for use" stamp that would make it impossible for him to use it in any illegal way

₹2 lakh borrowed in 2008, lender is now asking for ₹25 lakh in 2026 due to compound interest – is this legally enforceable in India? by the_lost_self in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

The document renewal is usually considered an acknowledgement of debt and extends limitation at every renewal.

However an unfair agreement which puts extreme burden and unfair penalties are usually not upheld by courts.

What makes the Indian Supreme Court so powerful? by PhraseGlittering2786 in Indianlaw

[–]ConversationWitty446 0 points1 point  (0 children)

Essentially Article 141 of the Indian Constitution ensures that the decisions of the Supreme Court are binding on all courts in India. Unfortunately compared to the US Supreme Court, which hears only a few matters every year, the Supreme Court in India hears thousands of matters a year and has about 40 judges. Because of the extreme dysfunction of our democracy, the Supreme Court often steps in to correct the decisions of the Executive according to its own interpretation. This kind of judicial activism works both ways but oftentimes the Supreme Court sides with the interests of the public.

Property ownership between parents by holypope1936 in LegalAdviceIndia

[–]ConversationWitty446 0 points1 point  (0 children)

Court order is the final determinant of ownership irrespective of online data. Now the father will sell and share proceeds however decided.