Dear Sir,
Would like to seek your esteemed advice on the following matter:-
My dad his brother and one sister have inherited a property from their mother in 1992. But since my dad was working in a government department we were putting up in the government accommodation.
Now retired , my dad seeks to take his share from the property so that it can either be sold off or we can built our own floors on the 1/3 area of the plot. The plot is lying vacant as of now and no construction is their on it.
But his brother is creating trouble by now forcing us & my bua ji (dad’s sister) to mutually sign some sale deed, where by we are surrendering his right in the property to the extent of 1/3 share and he is surrendering 2/3 of his share in our favour.
But the language and all of that sale deed looks ambiguous. And we are afraid that if we sign those documents we may end up in some trouble in future. ( As we are not the owner of the plot and we have all inherited this property from my grand mother.)
Would request you to please advice on following:-
a.) Is it legal to sign Sale deed. ( As we are not the owners, we don’t have any right to sell it , till the time it doesn’t get transferred in our names
b.) What is the right method of taking the share out of the ancestral property- I have
Consulted an high court lawyer, who told us that partition deed is the only
Solution. Please advice.
c.) My dad’s brother has threatened us to that he will start constructing the house on his 1/3 share, if we don’t sign the sale deed documents.
d.) How long does a court case take to settle such issues as the only concern of all the 3 parties involve is this case is the documents to be followed?
Further any reference of good lawyers who can assure us of an early settlement will be highly appreciated as we are planning to go legal against our dad’s brother.
