Bandana 12 July 2017
Arjun Kohli 12 July 2017
If the property was in his name, there shall be due records with the concerned Land department. What you must do is file an FIR for the missing documents and apply for the certified copy of title deed from the land department. Further you must keep the necessary documents proving your legal heirship so that once the title deed is obtained, it can be suitably transfered in your name.
Furthermore, you can file a complaint against your uncles for removing those documents, if only you wish to.
Should any legal issue arise in future, you always have the bank document to rely upon, in my opinion.
Once you acquire the property deed and the ownership is rightfully yours, I believe you can make the sale.
The relevant documents showing your payment of taxes, etc will only add weight to your cause. The Government can not ultimately say that they've been taking taxes for you for a land which is not in your name, right?
Kumar Doab (FIN) 12 July 2017
It is believed that deceased was Hindu.
Confirm!
Kumar Doab (FIN) 12 July 2017
The Bank/banker have copies of Loan application, all docs submitted and narrated in it, loan agreement,loan statements, legal opinion for title,sanction .......................
As a legal heir obtain authenticated copies of all.
Relate what was collected by bank and what is being returned by bank.
Usually lender/bank won't lend until the ownership is clear on record and is not under cloud.
Kumar Doab (FIN) 12 July 2017
It is simple matter of inheritance (Intestate Succession).
Death certificate, legal heir certificate/ affidavit are basic requirements.
The property shall equally devolve upon ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters….
Visit website/office of authority, under whose jurisdiction property falls e.g; MC.
In majority of the states the process has been digitalized and monitored.
It is also under purview of RTI.
Approach O/o Authority & submit under proper acknowledgment.
Kumar Doab (FIN) 12 July 2017
In case of difficulty approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters.
Kumar Doab (FIN) 12 July 2017
You can also obtain copies of mutation records with all link docs from concerned authority/offial say; Patwaari.....
Jai Karan Nagwan (consultant) 12 July 2017
Meet the local lawyers.
Bandana 13 July 2017
Bandana 13 July 2017
Bandana 13 July 2017
Kumar Doab (FIN) 13 July 2017
It is good that you have noted that Mother is ClassI legal heir and has equal share.
Obtain all said docs as noted by you and approach authority to update mutation records to record ownership by inheritance (Virasat Ka Intkaal).
This may suffice.
Legal action may not be required upto such level.
Kumar Doab (FIN) 13 July 2017
Once mutation records are duly updated the legal heirs attain rights equal to that of owner.
An owner including mother can dispose her/his share in her/his life time by a valid/registered deed in anyone favort.
Till mother is alive uncles can not possess her share or out of her share.
Kumar Doab (FIN) 13 July 2017
If all parties agree prefer Registerd Family Agreement with defined boundaries of each heir (legal heir).
This may erase scope of future litigation, permanently.
Arjun Kohli 15 July 2017
Originally posted by : Bandana | ||
The deceased was indeed a hindu. As per the suggestion I am going to contact the bank for whatever else documents I can obtain from them(I got only the title deed previously). I am also going to apply for the certified copy of the deed. What came new to me was that the mother of the deceased is also a legal heir. So please correct me if I am wrong. The property will be equally divided into three parts for me, my mother and my grandmother. My grandmother's part, assuming she does not mention anything about this on her will(the likely case), will be equally divided among my three uncles and me. Now it all makes sense. My uncles have already taken hold of a portion of the property(more than a third) and have been using it for business purposes without our consent. So they must have taken the portion allowed for my grandmother. Only they took far more than a third. |
While it is true your Uncles will get a share if your Grandmother expires Intestate, however, during her life-time, they do not have the right to use such land, unless with her permission or any will or gift, etc.
Rest you have been very well advised on the matter.