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sharad   14 August 2015

Ancestral property settlement

Namaste Respected Advocates, 

This is regarding about my ancestral property dispute . My father have his 7 siblings (my father , 6 Paternal Aunt and 1 uncle ). and we have 1 house in village , 2 plot which was transfered by the owner on speacial power of attorney to my grandfather ,2 mandir , 1 flat in metropolitan city , 1 shop in same city , ornaments , gold and shares  . My grand parents passed away 20 yr ago without any will . 8 years ago it was decided between my father and his sibling for  property partition . all my aunt want to leave thier rights from the property . and bid for house , plot , flat and shop  was done between my father and my uncle and we won the bid . as per bid we have to pay certain amount .and for mandir we have to create trust and both mandir's custody for 6 -6 month given to my father and my uncle . 

gold is taken by my uncle and share is given to my father . this is written on plain paper . as per the decided by my father and his sibling we have to pay half of certain amount at time of registration and half at time of possession  if we fail to pay amount mu uncle will charge 12% interest p.a..At a time of payment my uncle is saying he wants full amount before registration and "we are saying sign the document we are ready to pay full amount ."so deal is still stuck . now he is demanding 12% p.a. interest for 8-9 year . 

We are residing in flat and shop more than 40 years . share certificate is in the name of my grandfather but we are paying maintainence and electricity bill through cheque from last 35-40 years. for shop we are tenant of soceity . 

i want your help in our law can we have remedy to transfer the ownership of flat and shop in favour of my father on the basis of maintanence and electricity bill .

what is the procedure of transfer the shares of companies .  

and what is the procedure to have NOC from all aunts for all properties .

Please help me 

 



Learning

 2 Replies

sharad   14 August 2015

one more thing my uncle is not ready to settle the property dispute . he is saying interest is on . he is eligible to have interest ?

Can we sue him 

Kumar Doab (FIN)     14 August 2015

Apparently your grandparents deceased in 1995 (20 years ago as posted by you).

First of all obtain death certificate and get the names of all legal heirs entered in mutation records.

The aunties may relinquish their share by registered relinquishment deed.

The father and uncles may register a partition deed (not on plain paper).

If any brother want to relinquinsh or sell his share he may do it by registered deed.

 

You may seek help from an able lawyer dealing in family/revenue/civil/property matters.


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