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Vikas Bansal (ITA)     26 September 2012

Ancestral property

Hi Sir,


I have query regarding my ancestral home. This home was owned by My Grandfather and registered on his name. Now my grandfather and my grandmother are dead. They had 3 sons (one was my father) and 2 daughters (one is dead). Now my father has expired and one of my uncle whos is now not living in that house with family. (he locked his share in house) I want to purchase my uncle's share in  house.

Can I get the consent on affidavit from my uncle and his whole family that He sold his share to me? Can he or his family or another uncle can challenge it later as we are now not getting home registered at my and my mather's name. My uncle is asking for 33% share on home. Do I need the consent from my father's sisters as well?

My other uncle (living in same house with us) don't want to spend money on registery now and willing to sell whole house after 1-2 years.  I don't have the money and I am not willing to purchase his share now.

COuld you pls guide me on this?

Thanks

Vikas Bansal



Learning

 3 Replies

andz (clerk)     27 September 2012

1-house owned by grandfather/grandmother(both are no more)-ancestral
2-total children-5(3sons,2daughters),2 sons and 1 daughter remaining . . .
A-was there any oral or written partition among the sons/daughter's ? and if yes what was the output ?
B-children of the sons/daughter's too do get their share , so that needs to answered ?
C-how many major and how many minor ?
D-if your uncle is not living with you or in that house and you want to purchase his share , from whom ?(is it the rightful share holder?)
E-if everything's favourable then you'll need reliquishing deed witnessed/attested/signed acknowledged by co-parcener's signature's making it clear that they do not have any objection and as such they witness and willfully admit their acceptance.
regards
anand
P.S:it would be helpful for you aswell as other who post on similar grounds if you can be more specific with your doubts and the information you provide along with place . . . . .

Vikas Bansal (ITA)     27 September 2012

Ans A - There is no writtern partition amount sons/daughter remaining.......My grandfather did not leave any will.

1. Biggest Son - 3 children - all major

2. Second son - 4 children - all major

3. Eldest Son (my late father) - 2 daugher (one major and one minor) and one son (me) and my mother.

4. First daughter (expired) - 2 sons and 1 daugher - all major

5. Second daughter(alive)  - 1 son and 1 daughter - all major

All three brother were living in same home with oral partition. second son has left home now and purchased new house. I want to buy his share from him.

Questions:

1. Do I need to consent from second daughter and their children taht they have no share in house?

2. Do I need the consent from first daughter's husband and their children that they have no share in house.

3. Do I need above people consent in purchasing property as well that they have no objection and they accept it.

4. Do I need to get deed signed by second son's daughters as well ( who is selling his share in house). I am assuming that his share is 33 percent if both daughter's(my late father's sisters) family has no demand for share.

5. should I mention the portion which he is selling to me as there are no written partition till now.

6. Do I need the acceptance of First son and his family that they have no objection in this deed.

7. Should I get home registered at my name or one affidavit from my uncle is enough that he has sold his portion to me.

8. Can I face any issue in future regardign this property.


Please advice.

andz (clerk)     28 September 2012

request you to go through the reply you recieved before you post/repeat carefully.

you have mentioned 3sons and in reply you have given account of 2 and biggest and eldest ????

and anyway as i have mentioned you need to get everything on paper at the time of registration or agreement and better get it mentioned on the paper that there was a oral agreement and also that all the co-parcener's signature's are obtained from all and that the relinquishing deeds are there or even otherwise . . . . . n hope you'll have an advocate/some document writer to prepare the document , n may be then you can post your question.

read peacefully , post the details with full discripttion and clarity . and it would be for your own benefit if you mention the details as to place and any other details that you can include.

regards

anand


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