Property Docs
Heyal
(Querist) 05 March 2010
This query is : Resolved
Dear Sir,
My uncle purchased a flat in 1984 in name of my father and later on my father expired. Now the uncle is readu to sell the flat to us at 50% rate of market rate but he has informed that he has lost the original documents.
He has provided us with electric , water and soceity bill which all are in name of my father. We then tried to find with sub-registar office and could get a xerox set of flat documents and all are in name of my father. In fact, the documents also have our name and current house address mentioned.
Now I would request you to please guide me with :
1) Should we show our interest in this deal and is it safe, since original documents are lost by my uncle.
2) Should we be paying 50% (approx 12 lacs) to my uncle
3) What would be the legal procedure to be followed for such case
4) Should the FIR / Public notice in newspaper be filed by my uncle or by us. In case, we file the FIR / public notice should be saying that the original papers
have been lost by my uncle. If I involve my uncle in FIR / Public notice, can it lead to confusion / complexion when we latter sell the flat.
5) In case, we show interest how can I bind my uncle i.e should we pay him in cash or cheque or 50:50 and should we be signing some agreement or MOU
Please help by giving best solution to me to come out of this problem.
R.R. KRISHNAA
(Expert) 05 March 2010
The flat stands in the name of your father and as your father has expired the flat belongs to you all (children) being the legal heirs. Then what is the need to purchase the same from your uncle?
How can your uncle convey the property to you all when the property stands in the name of your father. This would be a error in conveyance. Though your uncle would have bought the property, it virtually stands on your father's name and hence your uncle has no right to transfer the same to you all or to anybody. As legal heirs you all(children) are fully entitled to the property.
Legally speaking your uncle has no right to transfer the property to anyone.
B K Raghavendra Rao
(Expert) 05 March 2010
1. It is not a deal. You (all children along with your mother) are the joint owners of the property by succession. You have inherited right over the property.
2. You need not pay even a rupee to your uncle as your uncle is a stranger to the property.
3. You need to obtain succession certificate from the civil court by producing required documents. For this purpose, certified copy of the sale deed from the sub-registrar's office is sufficient. You need to enclose, family tree of your father, khatha certificate, khatha extract, latest tax paid receipt, encumbrance certificate etc.
4. You need not file any FIR or newspaper advertisement in this regard.
5. MOU is not required. Your uncle has no say in the property.
Heyal
(Querist) 05 March 2010
Dear Sir's,
Thanks for your valuable suggestions.
The thing is my uncle paid the money at time of purchase but purchased in name of my father hence on ethics basis I need to pay him some amount on trust. I dont know what % it should be.
In case of ethics / trust if I have to pay him then :
1) What should be the procedure
2) How much should I pay him against this demand of 50%.
Please guide me as I am only girl child and my mother.
B K Raghavendra Rao
(Expert) 05 March 2010
When the matter is not legal, it has assumed the characteristics of ethical, there is no fixed amount or percentage to be paid. It is your discretion and self-satisfaction. As your uncle is not entitled to any share or claim, procedure is formal and for the sake of future safety, obtain a receipt for the payment made without mentioning the cause.
If, left to me, I would have purchased him an article a refrigerator, washing machine, television etc., and not encouraged payment of cash.
B K Raghavendra Rao
(Expert) 05 March 2010
My added suggestion, if you are sure what amount is paid by your uncle, you repay the same amount.
