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Bhalchandra Prabhakar Deshpande (Lawyer)     01 January 2012

Property rules for developing property

Dear all,

I have a intersting case to be discussed for you , i  came across the matter in property case

it is the ancertal property situated at satara in maharashtra , the owner is no more he has 6  childern and 2 daughter out of which 5 sons and 2  daughter  died due to old age  only one single member remains in the family

there is no  division of property or will by its forefathers who owns the property the single member whos is alive wishes to develop the property  what will be recourse in this regards for the following question

1. in case of consent  of the legal heirs of the 5 childern and 2 daughters and their legal heirs is reauired to dispose of the property up to their garnch childern is required

2 what is the legal position,  as in case of legal heirs , daugher died, and here husband remarried, whether the rights of the grand childern remains in the property, if the usband of the legal heir perform  marriage , after the death of his wife , who is legal heir of the daughter of the original owner of the property

3 suriving person wants to dispose of propertyby giving  cheque payment to all legal heirs of the original owner ,  and their legal owners , whether consent of all of  suriving legal heirs is  required, and modus opreandi to take such consent to avoid any futher legal comlications

5 whether registered power of attorney can be obtained from  the legal heirs of the original owner in  favour of suriving owner transfering rights to decide about the  faith of the property

6 whether development agreement can be signed by the existing surviving owner , by obtaining registered power of attroney from the remaining all legal heirs

7 what is the document required to take the consent of the legal heirs, whether that has to be  registered, problem is legal heirs resides outside maharashtra, and  some in USa

Pl guide me all this question, i am lawyer and wants legal opinion in this forth matter

 



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