My father had bought residential land in my name when I was a child and named my mother as guardian. However, my legal name was later changed and now I do not have any proof related to my childhood name as registered in the property deed.
My father died and I have since become an adult and want to sell the property. How do I prove that I am the rightful owner of the property? What will be my mother’s share in this property? Can my brother and sister also claim a share in it? My mother says that the property was bought for family use.
– Name withheld on request
Primarily, we hold that the change in your name has not been published in the gazette brought by the Govt. Hence the issue of change of name can be addressed by giving declaration cum affidavit by paying non-judicial stamp duty, as applicable in your area of residence, which is sworn before the competent authority.
Also a wide publication in a local newspaper may be reported that both names belong to the same person.
The purchase of property in your name by your father in the guardianship of your mother is lawful and legal. However, the law provides that once you become a principal, you can exercise the right to refuse this transaction. Once you become an adult, your mother is no longer your guardian and you become the absolute master.
Even though the property was purchased and kept for family use and even if the property was purchased in your former name, you are still the legal owner of the property.
Furthermore, due to the fact that you are the lawful owner of the property, neither your mother nor your siblings have any right in the property and there cannot be any legitimate claim which will be passed on to your father’s death by his legal heirs. as may arise.
Any legal proceedings initiated against you in respect of property can be defended by you after certifying the fact that the name of the minor in the property documents and your registered name belong to the same person.
Aradhana Bhansali is a partner of Rajni Associates.