LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RSH (NA)     02 March 2010

Dispute! How can I sell?

Hello Experts!

Here's interesting but complicated scenario. I am sure I will be saved here.

Property Type - DDA Allotted flat 35 years back.

Place - Delhi.

Original allottee - My Father (Dead Now)

Current State

There is No Will. 

Orignal flat was allotted as ground floor only to my father.

Later on I built a Ist floor and living for last 20 years. Map was approved by MCD to me. Electricity and house tax is on my name for 20 yrs. 

We are 4 brothers and 2 sisters.

My elder brother (died 3 yrs back) was living on the ground floor with his family (son and wife).

Important:  My 2 sisters and 2 brothers have signed a relinquishment deed and surrendered their right to me for the flat.

My elder brother's family is happy with ground floor. but dont want to sell the flat. But they are fine if I sell Ist floor and above (roof where 2 more can be built.)

Issue:

Original papers of the house is with Elder Brother's family, we are not in talking terms with them.

I have a proof of living on ist floor for 20 years - Electricity, MCD Approval, Water and relinquishment deed.

Question:

How can I sell Ist floor and above? What do I have to do? What is my legal stand?

Please help asap. I am looking to hire a legal professional if it is needed.

Best

RSH

 

 

 




Learning

 6 Replies

Daksh (Student)     02 March 2010

Dear Mr.RSH,

If hte papers of the property are with your brother the certified copies of the same (which have same evidentiary value) can be procured by doing the search from the Sub Registrar's Office.  You may contact any Advocate who may be able to do the same.

Secondly if your brother is not having any issue let him confirm this thing in writing whereafter you can go get your name mutated in MCD records being lawful owner of the first floor which ipso facto shall be a good document to sell the property to any prospective buyer.

Hope this clarifies your query.

Best Regards

Daksh

RSH (NA)     02 March 2010

Thanks Daksh

Two things here:

How can I source copies of the property from DDA?

In case my brother's family (occupant of ground floor) doesnt give me in written?

Can anyone help me here? Any lawyer in Delhi?

Best

RSH

Daksh (Student)     02 March 2010

Dear Mr.RSH,

When DDA allotted the property to your (Late) respected Father the same had been done through Sale Deed executed in his favour by DDA which must have got registered with Sub Registrar's office.  Original copy of this deed must be with your brother but the photocopy of the same must be in records with Sub Registrar office - true copy of which can be procured by remitting the due charges in this regard which will be a full proof evidence without even your brother's family even knowing that.  Last but not least there is no bar and under no circumstances your brother or for that reason any individual's permission is not required and you are very well within your right to apply and procure the certified copy of the sale deed or any other document which is within public domain.

All the very best in your endevours - Best Regards

Daksh

Daksh (Student)     02 March 2010

Dear Mr.RSH,

You may contact Mr.Virender Pal Singh Advocate 9810470684

                              Mr.Girish Sharma Advocate         9891615351

                           Both of them are practicing from Lawyers Chamber No. 257

                         Patiala House Courts New Delhi and can help you out professionally and competently.

                       Best Regards

                      Daksh

RSH (NA)     02 March 2010

Thanks Daksh

What do I do in case brother's family doesnt give me NOC or in written that have no objection if sell Ist floor and above, for which rest of the legal heirs have given up their rights in  relinquishment deed.

What is the way out here ????

Best

RSH

Daksh (Student)     03 March 2010

Dear Mr.RSH,

It is advisable that you contact either or both of these two Advocates to chalk out further courser of action. 

Best Regards

Daksh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register