Self acquired property

PRAKASH BATLE (Querist) 31 December 2014 This query is : Resolved
My fathers property is a self acqiured property and his younger Brother was staying with him and shairing two Rooms.As he was not vacating my father went to court where and lower court have shown my father as a Karta purush (joint family) and given my uncle 50 % share. High court gave judgement which is not clear.Both my father and uncle are no more and Property is still in fathers name. Now it is more than 14 yrs and we brothers are Retiring and wants the property to be transferred on our Mothers name (80 yrs). We want to know whether my cousin(Uncles son)is still having any share in the property?.

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Guest (Expert) 31 December 2014
Consult a Local Good Advocate along with all Documents,Tax receipts Etc and Obtain EC for 30 years from Registrar Office.Take a Legal Opinion to Proceed Further.Whether your father's Brother's Family is Still Residing there in the same Premises.If not you will have Lesser Problem Other Wise Sort out the Issue Amicably with the Guidance of your Advocate.

ajay sethi (Expert) 31 December 2014
it is necessary to peruse orders passed by trial court and Hc . it appears trial court has passed orders that your uncle has 50%share in property . hence property cannot be transferred in your mother name only . your cousins have share in the said property

Rajendra K Goyal (Expert) 02 January 2015
Full case file need to be referred, consult local lawyer.

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