Transfer of Property & Succession Query -1978 Case
Chirag Sharma
(Querist) 15 January 2017
This query is : Resolved
Dear professional colleagues,
1. My grandfather purchased a house in Mumbai for ₹38,000 in 1976
2. On the agreement, first name is my grandfather's and second is my grandfather's brother's wife (bhabhi)
My grandmother's name is nowhere mentioned. Possession is with the other party since day one.
No ratios of ownership is mentioned on the agreement.
Full payment was done by my grandfather via cheques whose bank confirmations and cheque Xerox we have
3. In 1978, grandfather solemnly affirms that he inserted her bhabhi's name only out of love and affection and that the whole property should be given to his legal heirs only. His bhabhi does not sign or agrees with my grandfather's affidavit. Grandfather passed away in 1992 and till date possession of the property is with the other party.
4. Original deed is with us.
5. Today, I'm planning to go to the High Court directly as I feel it's a very simple case and shouldn't have been dragged this long at the society court.
6. No out of court settlement has worked.
Questions-
1. Can I approach Bombay High Court directly bypassing co-operative court and appeal?
2. Will my grandfather's affidavit hold good and can we today claim full 100% of the property? If not,
3. Should we not try for 100% and try only 50% as we had made a mistake in 1976 and an enforceable contract has bind us.
Chirag Sharma
(Querist) 15 January 2017
I'm very sorry the formatting did not work
Kumar Doab
(Expert) 16 January 2017
Are all Hindu!
Confirm.
At 2. you have mentioned about Sale Agreement.
At4.you have mentioned about Deed.
What exactly do you have Sale Agreement or Sale (title) Deed?
The share in case of sale deed should be unquestioned; Equal.
The grandfather could have disposed his share by a valid deed say WILL/Gift etc.
What is this affidavit is not clear.
If the affidavit is not a valid deed then legal heirs of grandfather as per personal law ( e.g; Hindu Succession Laws) that applies shall have equal share.
Rajendra K Goyal
(Expert) 16 January 2017
You asked:
1. Can I approach Bombay High Court directly bypassing co-operative court and appeal?
Reply:
No, can not approach High Court directly bypassing lower courts and proper process has to be followed.
You asked:
2. Will my grandfather's affidavit hold good and can we today claim full 100% of the property? If not,
Reply:
100% share can not be claimed from your side.
You asked:
3. Should we not try for 100% and try only 50% as we had made a mistake in 1976 and an enforceable contract has bind us.
Reply|
Yes.
P. Venu
(Expert) 16 January 2017
You can file a civil suit in the City Civil Court or the High Court (Original Side) depending upon the value of the property involved.
Rajendra K Goyal
(Expert) 17 January 2017
Court cases are time and cost consuming, once again try for out of court settlement keeping in mind the cost and time to be consumed in litigation.
Kumar Doab
(Expert) 17 January 2017
Thanks fro agreeing Ms.Usha Kapoor.
