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Uk Chandra (owner)     29 December 2014

Tranfser of land property

Respected Sir,

At first all , I will thank you to reading my question.

There was land of 3 Bigha in my Village in the name of My Grandfather. My father  was 2 brothers and My father was elder brother. Both families are combined till now.  My father died on 2011 and Since then My Uncle was Gaurdian of my family.  

There was survery taken in year 2013 and My uncle transferred all land in his name without asking us as he was gaurdian of my family that time. 

Now my uncle died in Dec 2014 with No Will in his all property  even he didnt mention any nominees in his bank account. My Aunty is Alive . My uncle  had no children. I am taking care of my aunty.

Now My Question is that  , Am I eligible to Transfer all the land in my name ? If Yes , What is that process for that.?  Also other question : Can  I do New registery for all my properties , So what will the process?

I am very new to this property related laws and I will appreciate if you help me to come out from this problem.

 

Thanks

U Bharti



Learning

 8 Replies

shelar laxman vitthal (retired)     30 December 2014

It is illegal to transfer proprty on his own name.when he is guardian of family.

shelar laxman vitthal (retired)     30 December 2014

It is illegal to transfer proprty on his own name.when he is guardian of family.

Uk Chandra (owner)     30 December 2014

Thanks for your reply sir, Can i claim the same property. As My father  had right on that property too. 

H.M.Patnaik (Proprietor)     31 December 2014

You will a joint legal hair along with your aunt of the property held in the name of your deceased uncle who was the guardian of the undivided joint family. So, as per law you can stake acclaim for your share in the property.

H.M.Patnaik (Proprietor)     31 December 2014

You will a joint legal heir along with your aunt of the property held in the name of your deceased uncle who was the guardian of the undivided joint family. So, as per law you can stake acclaim for your share in the property.

Uk Chandra (owner)     31 December 2014

Hello Sir,

So to claim that , will i have to approach court .. I will get it normally. 

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If the property remained in your uncle's name alone then only your aunty being the legal heir of your uncle will be entitled to inherit the entire property on her name.  You cannot claim anything legally until you prove that your father too had a share in the property before court, or if your aunty is amicable for a settlement, you can get a share out of it without approaching the court.  Rope in elders of the family,arrange for talks and settlement.

Biswanath Roy (Advocate)     03 January 2015

If you applied fire to the mouth of your dead uncle at  cremation you can jointly with your aunty file an application for succession in the goods and assets of the deceased and obtain succession certificate in joint names AND MUTATE YOUR NAME IN THE REVENUE RECORDS jointly with your aunty as joint owner of the immovable properties. Thereafter if your aunty agrees you can request her to transfer her share in the property by executing a Gift Deed in your favor  as you are taking her care


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