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Amar (sw)     17 February 2014

Is it possible to take my fathers property from my unlc's

Hi,

I am requesting for the suggestion for the getting property from my father's brothers,

My father having two bro and three sisters one sisters is at home(not married) other two married but staying in same village, and two of my uncles not having children. due to family fights we(me my mother and ma sister) left home around 10 years back, leading our life separately. and my father was living with my uncles and not shared the property with us, now my father as died a month before, and we are asking for the property of my father's to give to us to my uncle they are not ready to give. in which way i can get my share..?

all the land property they are kept in their's (uncles)name and the home they kept in my mother in law's name(the not married one). 



Learning

 5 Replies

Bhupender (Pvt. Employee)     17 February 2014

My name is Yadagiri Bhupender Rao, in my name my surname is Yadagiri and with out expansion of my surname i usually write as Y.Bhupender Rao.

I recently around 10 months back i purchased an Independent constructed house and in my sale deed due to the mistake of document writer, my name appeared in my sale deed as Y.Bhupender Rao instead of Yadagiri Bhupender Rao i.e full name.

Do I need to correct my name as full name in Sale Deed copy? is it Mandatory to have full name in my sale deed, if not will i face any legal issues in future, suppose if i need to sale my property again to some one.

To make this name correction do i need to involve the sellers again like for there signatures or there presence in registration office.

Can you please explain the whole process to do it and cost attached to it.

 

Thanks in Advance.

Bhupender Rao Y

adv. rajeev ( rajoo ) (practicing advocate)     17 February 2014

Fist it is to be known that whether the properties which were in your father's name are ancestral property of your father or his self acquired property.  If ancestral property then you can file a suit for partition and seperate possession claiming your share in the share of your father .  If it is self acquired property, first you make an enquiry whether any will or any arrangment is made by your father regarding the properties.  If he has transferred thru., will then you wont get anything because it is his self acquired property.

Amar (sw)     17 February 2014

nothing was and in his name and when in fathers presence they them selves named in there name what were they brought. they didn't made any thing on my father's name...

and about house the house was in my grandfather's name after his death its transfered to my grandmother name later to my mother in laws name by my two uncles permission with mutual exchange of agricultural land and house with my mother in law, during that time my father has not signed for it. 

they haven't went any where out of house to self earn the property they utiliesed the same house for it earn and my father was with them only till his death. 

Amar (sw)     17 February 2014

we were not divided the our property at and now my father is died they saying we wont give anything. 

T. Kalaiselvan, Advocate (Advocate)     17 February 2014

@ Amar:  You are not clear in your query.  You should state that whether if your father had any share in the property that was purchased by your father's father?  Whether your grandfather made any partition by alloting any property to your father? Who is your mother in law, is she your father's sister?, how come she came into possession of the property?You have to furnish more details so that you can get proper reply/opinion.


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