LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

NIKHIL KUMAR (OFFICER)     16 November 2013

Property with no papers under division

My Aunt has Recently Suddenly Expired and she has Not Left Any Will papers behind. She was Staying All Alone as she was Divorced Years ago and also had No Children. Worst there are No Property Papers also to be Found. She Owned a Big House, which is Now a Matter of discussion.

There are '2' persons entitled to the House, My Father & My Uncle who are her Brothers and come under Blood Relations. Considering My Father is No More, My Mother is Now Entitled.

Now to Bring the House under someone who is in Blood Relation, it is been Told to us, that First the House will be 'Completely Transferred' Under My Uncle's Name. For that My Mother has to give a No Objection Certificate.

Once Done, then the House will be Sold & then Mutually Equally Divided amongst the '2'.

1. Firstly, I would like to Know, is the above shared procedure Correct ?

2. My Mother has to give a No Objection Certificate to Transfer the House under my Uncle's Name ?

3. What is the Guarantee once the Entire House is Under his Name, that he will have then Mutually Divide

  amongst the '2' ? What Precautions, Safeguards, I Must take in the same regards ?

4. Is there Any other Possible Solution , Advise to Avoid Disutes at a Later Stage ?

5. How to Come out with a Amicable Solution  to get House Transferred, considering No Papers

& then Later divide the Amount for the House Sale Equally ?

Request your Advise in the same regards.



Learning

 1 Replies

BAALASUBRAMANNYAMM (Advocate)     16 November 2013

Option No.1. Take a Legal Heir Certificate from the court, as you both are legal heirs of the deceased "Aunty" and then you  made a: partition deed" and get it registered.

Option NO.2: File a declaration suit before the court and further ask to allot separate possession of each individual.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register