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Radha Krishna (House wife)     02 May 2014

Requesting for legal opinion

 

Requesting for legal opinion

1.      My grandfather's self-acquired property- is due for sale now and my grandfather passed away.

2.      My grandfather has one son and two daughters.

3.      My father and two of my aunties entered a family agreement stating that the “grandfather's self-acquired house property should be handed over to the grandson as a token of love (me) and my aunties received my grandfather’s money in construction of their houses  , signed by all the three members (my father +two aunties and as a witness signatures by  my aunties husbands) and Notarized the agreement in the year 2000 (my father and aunties also passed away)

4.      Now I decided to sell the property, buyer is demanding NOC from my sister and my auntie’s children.

5.      Please help me, is it required NOC from my sister and aunties children’s or is there any other legal provision to avoid , because as of now they are not claiming anything, my worry is if I request signature particularly, they may demand money.  

6.      What are my rights on this property? How to get over this issue.

 

 

Thank you sir

km

 

 



Learning

 11 Replies

Mubashir Malik (ADVOCATE)     03 May 2014

get a declaration deed vis a viz confirmation of orak gift registered by the subregistrar .

Advocate Ravinder (Advocate/Attorney)     03 May 2014

You have done a blunder mistake. You have not registered the family settlement. Notary is valid document. The buyer is rightly asking for the signatures of the legal heirs of your aunties.  Convince them and get the signatures by paying meager amounts. If you any other doubts contact me ravinder2345 (at) gmail.com. 

Advocate Ravinder (Advocate/Attorney)     03 May 2014

You have done a blunder mistake. You have not registered the family settlement. Notary is valid document. The buyer is rightly asking for the signatures of the legal heirs of your aunties.  Convince them and get the signatures by paying meager amounts. If you any other doubts contact me ravinder2345 (at) gmail.com. 

S.Purushothaman (Retired)     04 May 2014

Dear Sir,

My grand fathers family tree consists of ......as follows.

1.   First- son ( not alive)-  wife alive &. No issues.

2.   Second- daughter( not alive)- 4 sons & 4 daughters .....all living with families.

3.   Third- son( not alive)- wife alive  & One son and 4 daughters. All living with families.

4.   Fourth- son ( not alive)- wife alive & one son and two daughters ...all living with families.

my grand father's property is one immovable ( a house), and he has not left any  WILL.....in respect of

the property. Now my questions are as follows......

1. How the property will get divide into the family tree and in what ratio ?

2. If the property sold and the amount divided into four equal parts will it be correct as per the Hindu

     succession act 1925

Will my Lawyer friends give their best opinion the above.....problem.

 

 

 

Devaraj Mohan (Manager)     05 May 2014

A settlement deed was made by my mother in two of my sisters names and my name for a house which has 3 floors. The 2nd floor is given to me and the settlement deed is registered. currently my mother wants to cancel the settlement deed given to my sisters and give the full 3 floors in my name. Is is possible to cancel a settlement deed and what is the procedure?? Should my sisters give any concent to cancel the settlement deed that has been registered in their names. The issue of property arised this year after my fathers demise. We have two properties solely earned by my father but in my mothers name. One property the settlement deed was made. The other property the settlement deed is not made. So currently my mother has decided to give one property shared between my 4 sisters and the property were the settlement deed is already she wants to cancel the right of my sisters and give it totaly in my name. Can my sisters create any issue in future. The other property I have clearly mentioned i will not claim and will give in writting. Please help me with the settlement deed which is given to my sisters that needs to be cancelled and is it possible to rewoke the settlement deed Regards

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

@km:  If the buyer is insisting on a NOC from your sister as well as from the kins of your aunties, he is right in seeking the same since the settlement deed in your favor is just a notarized document and it will into be held legally valid until it is registered, hence you have two options that either you obtain NOC or make them a witness to the sale deed or change the buyer itself.

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

@S. Purushothaman: The property left behind without making any arrangement or executing a Will by your grandfather upon his intestate death, automatically devolves upon all his legal heirs equally and shall be divided into four equal parts by allocating one such share to each of the family of the deceased legal heirs as stated by you above. There is no other solution for this, hence arrange for an amicable  partition and subsequent arrangements accordingly by a sitting together involving all the surviving family members of all the deceased legal heirs to your deceased grandfather.

Devaraj Mohan (Manager)     05 May 2014

I am not looking at selling the property. I would like to know if an NOC needs to be provided by my sisters to cancel the settlement deed given by my mother to my sisters. And will that settlement deed hold valid even after cancellation and can they come in future for any claim. If my mother makes a new settlement deed for the full property in my name.

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

@Devraj Mohan: The registered settlement, if it is unconditional, it cannot be revoked once executed and registered.  The next option is that your sisters can make a gift deed in your favor so that the property will be transferred on your name, but you have reconcile all the issues before that so that the other issues including future claims can be sorted out now itself.

Devaraj Mohan (Manager)     05 May 2014

How could i know wether the deed  is unconditional.

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

Your query has been properly addressed but it seems you do not want to understand which is clear from the way you are coming out with a different query with the same meaning.  Once an unconditional settlement deed has been executed and registered, it cannot be cancelled by any means until the court declares it to have been obtained by fraudulent means or under coerce or  pressure.  To know the conditions, you have see the settlement deed document, obtain a certified copy, show it to your local lawyer and proceed as per his advise.


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