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Hemant   19 October 2015

Dispute over ancestral home

This concerns a house and land in a village near Bardoli, Gujarat. The house was built by my grandfather on ancestral land. When my grandfather died my father gave it to his brother, my uncle. Both brothers had it in writing and notarized that if my uncle ever sells it my dad would have the right of first refusal to buy it. My uncle now says he intends to tear down the house and give 5 feet of the land to his neighbor to expand his house. My uncle says he is giving the land to his neighbor for free, and not selling it. We suspect that he is selling the land but is merely saying that he is donating it in order to avoid the signed requirement to offer the property to my father. As this is ancestral land we don’t want it to be sold off. Both my parents and I intend to retire to that house. Do you have anything to suggest as to how we can prevent my uncle from disposing of the land? Is there any agency we can deal with that could assist us in this matter? If so can you give us the phone number? I will be coming to India in December and would like to resolve the matter. With thanks and best wishes. Hemant


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 2 Replies


(Guest)

first of all tell me, what is the nature of transfer of the land between your father and your uncle ? whether your father had gifted the land to your uncle  or leased or what ?

 

secondly if the transfer is a conditional gift or donation, then only your uncle cannot sell the land to anybody but your father.

 

in your case, it is a mere suspicion. there is no evidence that your uncle sold the land to the neighbour. he may donate it for free. in that case you have nothing to say.

 

if your uncle really sale the land to the neighbour, you can challenge the sale to the court with the conditional gift deed you have which says that uncle has to sale the land to your father.

Hemant   19 October 2015

Thanks very much for your answer. Regarding the transfer, my father and uncle have a written agreement by which my father gave his interest in the house to his brother under the condition that if my uncle sells the house then he will give my father the option to buy it. The agreement refers to the house and doesn't say anything about this land it's on. Now my uncle is planning to tear down the house and transfer a 5-foot strip of the land to his neighbor so that his neighbor can expand his own house. My uncle claims that this transfer  of land will be a gift. I suspect (but have no proof) that his neighbor is actually going to pay my uncle for that land. Both my uncle and his neighbor live most of the time in the U.S., as I do also. My father retired to the village where the disputed house is located but he does not live in that house. Many thanks for any help you can give me. Hemant


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