title of the property
Bhalchandra Prabhakar Deshpande
(Querist) 16 October 2010
This query is : Resolved
Sir,
I am living at the property purchased by my grandfather in 1965 the said property was purchased in the name of my uncle
after my grandfather asked my father to live in that property in some ever at 1970
i have my name incorporated in Corporation record, but the unregistered agreement was purchased in the name of my uncle on 10rs stamp paper in 1965
can my uncle claim the property by producing this document
my grandfather wish to male a will at the age of 94 in this will deed ,can he mentioned about the ownerswhip of the property
the possession is with my father only
can my uncle prove the posssession of the property
my father and I am living in this property since 1970
please guide me about legaality of the property
bhalchandra p deshpande
sanjay mundada
(Expert) 16 October 2010
deshpandeji,
if all record of rights reflects the property is self acquired from own income of ur grandfather then they can make a will in favour of u.
adv. rajeev ( rajoo )
(Expert) 16 October 2010
When the property was purchased in the name of your uncle, he can claim it. You have to prove that your uncle had no income while purchasing the property and your grandfather purchased the same in the name of your uncle. So better to say it to your grandfather and get the rights relinquish deed of the house from your uncle in the name of your father. Your uncle is in better possession,.
niranjan
(Expert) 16 October 2010
Sale deed cannot be unregd.Unregd.agreement in the name of your uncle has no value.
G. ARAVINTHAN
(Expert) 17 October 2010
You have a good and strong case. Well before the will, your father is in possession of the property and all that to be proved by you. Then finally the question arises is IN WHAT HOLD YOUR UNCLE ASK FOR PROPERTY?
Rajeev kulshreshtha
(Expert) 17 October 2010
In addition to Mr. Niranjan your uncle does not acquire any right on behalf of unregistered agreement.If the property is purchased by your grandfather and in present if there is no dispute with your uncle than a WILL can be executed by your grandfather and you can obtain the signature of your uncle on WILL as witness.
Sri Vijayan.A
(Expert) 17 October 2010
There is a confusion in your statement, pl. correct me.
You have told that the property is purchased in ur uncle's name. It means the sale deed is in the name of ur uncle.
Then what is meant by an agreement, unregistered?
How ur father is in the possession.
Now, my answer is:
If the sale deed, registered, is in ur uncle's name, he is the owner of the property. Then ur gr. father can not make any will.
If only agreement is made and it is unregistered, then who is owner?
So please tell the facts clearly, otherwise, you may be wrongly guided.
RAVI B SHAH
(Expert) 18 October 2010
Agree with Sri.Vijayan.A.
