Right on property
Querist :
Anonymous
(Querist) 29 September 2010
This query is : Resolved
We are in a house which was our ancestrol property. My grand father had 2 daughters & 2 sons.
My grand father expired without making any will. During the year 1984-85, my Fathers\\\' elder brother gave his part of right in the House property in writing to my father in the presence of my grand mother.
It was also mentioned in the registered agreement that the same is being given in my father\\\' favour due to his poor financial status and to support his livelihood and he and his heirs dont have any rights in the property. There was No consideration given.
We are living in the house since 1981, we also made some modifications, additions to the house during the recent times.
Now My fathers\\\' Brohter and His son is claiming rights in the property and asking us to pay a part of the value of the house.
Pls clarify us whether he has any right in the property and what are the legal options available to both of us.
Devajyoti Barman
(Expert) 29 September 2010
After the death of your grnd father the said property was e devolved upon his 5 legal heirs in equal undivided share.So your paternal uncle can not give more than his share in favour of your father for which a proper deed of conveyance/transfer is need. A mere agreement does not transfer any interest in the property. So without seeing the said agreement it is difficult to suggest whether your cousins still have got any share in that property or not. Moreover, the ancestral property can not be transferred without the consent of other legal heirs.
Querist :
Anonymous
(Querist) 30 September 2010
Dear Sir,
During the early 80s the daughters had on right on the property.
The said document is one registered before the magistrate.
Uncle has clearly stated that he and his heirs shall claim no rights on the property.
Pls advice.
Querist :
Anonymous
(Querist) 06 October 2010
Dear Sir,
Futher to my earlier query, pls find below the agreement details,
As per the registered document dt. 21.07.86 in words of my father' brother - " Based on the unregistered will of my father, i & my brother has equal share in the property, as I settled in other place and in good position its not possible for us to live together moreover my brother is unemployed and residing in this place, therefore i hereby give my rights in the property in my brothers favour upon receiving rs.3000. futher i declare that i will not claim any right in future and also my heirs have no rights in this property. This is made with clear consiousness and not under any complusion. Value of the property rs.26000 and my share is rs.13000."
Also note that as per my grandpa' will - This property has been given to 2 sons only as for his 2 daughters were already given good settlements during their marriage.
Pls give me a clear picture as to whether he or his son can claim any right or money.
Can we sell the property or transfer to my name. Pls help in this regard.
