OLd property issue
jasmine
(Querist) 09 June 2018
This query is : Resolved
Hi my father has 2 brothers and my father died before 2 years and my mother died before 10 days. And my elder father want to sale our village for property in which they all 3 brothers has a part. And we are 2 sister and 1 brother and brother left our house and we dont know where he is. So how can we add our name in property and is it possible to sale this property without adding our name. Bcoz I dont have a trust on my elder fathers.and how can i put stay on this land.
Adv. Yogen Kakade
(Expert) 09 June 2018
You can certainly add your name along with your sister and brother in the revenue records of your said property be filing an application along with an affidavit mentioning that you are the successors of your father.
Considering your word 'Elder Father' as the elder brothers of your father, they have no right to sell the part portion of your father. And to get the part portion of your father separated, it requires few formalities such as execution of partition deed or court order by filing a partition suit.
It is advisable for you take immediate action and get your names mentioned in the ancestral as well as your father's properties. Also if you think that your uncles are likely to sell the said property, then you can issue a public notice in the local newspaper of the city where the property is located.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-25882888 / 09225510883
jasmine
(Querist) 10 June 2018
Thanks for your reply I think the same. But they have a death certificate of my father and mother
