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Karthik (Manager)     17 April 2015

Signature while selling high cost propoerty

Hello

My late grand mother owned a property which is worth 6 crores.

She had 3 sons(my late father was the eldest son) and 2 daughters.

My grand mother had written the whole property to my uncle(my fathers younger brother) in 8 years back .

When we say the document , it is written   that monetary settlement was made to all his other sons and daughters. In reality no such settlement .

We came to know about this about 3 years back after our grand mothers death.

As on today the property is wholly in my uncles name.

My question:

1. Can we claim on the property since its ancestral property

2. Is this settlement valid since no settlement was made  as mentioned in the document and there is no way they can prove that such a settlement  had been made?

3. Now if my uncle would need to sell this property, does he need our signatures since my father is no more and myself , my brothers and my mother are legal heir to my father?

Please advice based on which we need to plan the next course of action 



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 April 2015

Sir, If its ancestral property set she cannot just give to one son without others consent and all ... Challenge that document and get your share or claim partition out of the same ..... Warm Regards Kapil Chandna Adv 9899011450

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     18 April 2015

As per you, your grand mother had written a document and you have seen the document. Now if you have knowledge of this and, have your confirmed what type of document it is? Now you think as per the settlement deed, part of the settlement has not taken place, then you every right to challenge this settlement deed in the court of Law. The best method is to file a partition suit and refuting the settlement document or you can directly challenge the settlement deed, if it is a registered document.

Karthik (Manager)     18 April 2015

Thank you sir and Madame for your reply.

now suppose I do not challenge the settlement deep and my uncle plan to sell off this property which is in his name, would he need my and my brOthers signature?

or can he sell the property since he is the single owner as per the settlement deed?

Karthik (Manager)     18 April 2015

Actually one important point I failed to mention. This is a property which was bought  solely by the earnings of my grand mother. 

Will such a property be considered as ancestral property

now the property in fully in the name of my uncle

Do we still have right over the property?

H.JanakiManohar Rao (lawyer)     22 April 2015

If it is fully of your grand mother's property you have no say in it.The property is self earned property,

moreover it is Shtri dhnam so no use of any litigation.

Karthik (Manager)     22 April 2015

Thanks sir.

in the Dhana pathiram, my grand mother had lied that settlement was done to her sons / daughters before writing the property to her last sons name(my uncle).

no such settlement was done to either my father or his sister/brother. 

Can this be a factor while challenging my uncle in court?

please advice


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