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NITYA DAS (OFFICER)     01 December 2011

Selling land inherited from mother but housebuilt by father

Sir Nitya here, I am 26 years old and married 03 years back. My mother expired when I was 08. My mother had good amount of land and one house. This house and his share of land has been already  taken over by my only brother who is 09 years elder to me. My father re-married and 08 years back he had built a house in my share of land which belongs to me as received from my mother as ancestral property. In the meanwhile I was made to sell off some of my property for  marriage. However there has been disputes with stepmother and her relatives  and it has become impossible for me to stay in my property. Is it possible for me to sell the property without consent of family members? Please advice sir



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 December 2011

What document do you have to show that you got the property from your mother?

K. GOPALAKRISHNAN (ADVOCATE)     01 December 2011

Do you have any document such as settlement deed / gift deed / will / partition deed  to substantiate your claim.  In case you do not have any of the document, you can file suit for declaration in the appropriate civil court.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     03 December 2011

Nitya, 

it seems you have your property right. 

The Recors of rights derived, and aubsequent changes are unclear, so in grey area.

Unless you throw some Light on facts like Date , area, House property Tax , Possession, etc, it is difficult to decide and guide you. 


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