Ancestral proprty donation to a trust
Rahhul Pokarna
(Querist) 30 March 2013
This query is : Resolved
Respected & Hon'ble people in the community,
I would really appreciate your views and guidance in the issue my family is facing at the movement & which is the most urgent of the king.
My great Grand father had made some properties. He had 5 sons & 4 daughters (One son from the second wife and the remaining 8 from the second wife). One son (the second son)was adopted by his brother and all the daughters were married.Grt Grand father died in 1978-79. After great Grand fathers death, My grandfather, the eldest among his siblings, used to handle the moneylending business. The partnership firm was later dissolved by the Great grandfather as he had found that his 4th son, had taken a lot of money from the market using his name. After his death my uncles and now as it was in losses my uncles left the business.
the propblem is that four brothers have got four properties. two properties are adjacent with the shop in between and the other are away. the properties are in this order 164 (house app 90 sq yards), 165 shop ( app 20 sq yrds) & 166 (house app 90 sq yards in the shape of L. The shop is on the north east side. The fourth brother has no legitaimate children from his wife. He is not in good terms with anyone either. He has donated the 166 housewith a plan claiming the 165 is in the 164, & not a seperate shop. he has no papers nor do we. he has made a document stating that he is the only son of his father and now the sole owner of 166 (however includes the whole area of app 20 sq yrds of 165, in his 166 house).
Then he made another document stating that he is gifting the same property to his wife. Then a third document stating that his wife is donating the property to a temple trust.
Our concern is that how can he include our door no 165 in his area and discard the door number of 165 stating that it is in the 164.
How can we save our door no 165 of app 20 sq yards. Please guide us..
Adv k . mahesh
(Expert) 30 March 2013
the document is registered then apply amendment
prabhakar singh
(Expert) 31 March 2013
You need to file a suit of declaration of title as well as perpetual injunction against him ,his wife as well as temple.
Are the deeds registered???????????
Rahhul Pokarna
(Querist) 01 April 2013
dear sirs,
the document is registered in 2009/10.
We are not fincncially well off, so May we wait untill they come & claim ?
I have heard that a NOC has to be taken before donating an ancestral property. Is it true.
