Suryaprakash Prakash
in Property Law
Asked December 04, 2017

Registration of ancestral property

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My name is Suryaprakash. We have an old ancestral house in our village. It stands in the name of my father. My parents died in 1970 and 1998. We are three children to our parents. My elder brother (died in 2010), my sister (married and living with her husband) and myself. My sister is not interested in this property and is willing to give up her right and share in this property. My brother’s wife and myself are willing to share the property as follows: Ground floor to my brother’s wife and first floor to myself. My brother’s wife intend to demolish the old house and put up construction in ground floor. In order to claim subsidy from Government for construction of house, she is asking me to give a declaration in stamp paper that I have no objection for transfer khata of ground floor to her name. She will take subsidy and construct the house. After her completing ground floor construction, I will put up construction in first floor. Then She intends to register ground floor in her name and I intend to register first floor in my name. Now my doubt is, once I give no objection for transfer of khata for ground floor in her name and khata gets transferred to her name, (ground floor only), After construction of first floor, Can I get khata of first floor in my name ? Can I register first floor in my name is my only doubt.

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