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Gaurav Agarwal (Mr.)     16 August 2012

Problem of sale of property

Hi. I have a big problem. Please someone provide me with a good solution. 
My uncle, Mr. A, was in a partnership with Mr. B.
Mr. B died in 1981. Mr.B owned a rental property in his name and the rental slips were also in the name of Mr. B.
However, the trade license and electricity bill is in the name of my uncle, Mr. A and now he wants to sell the property. There is no legal heir or legal representatives of Mr. B. 
Can my uncle, Mr. A sell the property now.
 



Learning

 2 Replies

Advocate Rohit (Advocate)     16 August 2012

DearGaurav,

 

The rental property about which you are talking seems to be the office/shop which your uncle is using for running the business. Is it in the pagdi system????? if yes, then your uncle needs to get the tenancy transferred in his name before selling the same. your uncle needs to get in touch with the landlord and ask him t transfer the tenancy in his name as your uncle must be paying the rent from 1981.

 

by the way your uncle was paying rent by cash or by cheque? kindly confirm.

 

Regards,

Advocate Rohit Dalmia

9324538481 

Rani (private practice)     17 August 2012

a piece of agricultural alnd waspurchased by me in dec 1989 and mortgaged to a bank . this was subsequent ly converted to non agri status . In 2010, i sold this land by gpa in full and final settlement  to clear all the debts . Now the family from whom I purchased the same (The seller seller died in 1990) has filed a suit claiming partition and saying the sale of 1989 is void . 

A part of the property has since been resold to another person. 

Please advise.


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