Property related


My grandfather passed away in 2009 without making any will for his self-earned agricultural land of 24 acres. My grandmother passed away four years prior to his death. He is survived by two sons - my father and my uncle. We sold 14 acres of the property to a third party. Now, to the remaining 10 acres, my father and his brother are equally rightful. My uncle relinquished his right on 5 acres by executing a registered release deed in my father's favor (by taking some amount in return, as mentioned on the document). He did this to save on stamp duty and registration costs. However, as it is not a sale registration, uncle's daughter, who is a major and unmarried at that time, did not sign on the document. One lawyer told us that since grandfather did not inherit the property from his parents, he can give it to anyone he chooses. As grandfather passed away without making a will, his two sons will be the only rightful heirs. And so, my uncle can transfer his share to my dad by a registered release deed without his daughter's approval. Is that true? Do we have the full rights on our 10 acres? Can we sell the property to a third party without an issue?

 
 
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Dear Sir,

Currently the house is owned by my father and name of prperty is also in his name, now we have planned to sell off and buy new property, is it mandatory to include my father name in new property

Regards,

 
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Retd Sr Director Govt of India/ Advocate

RESPONSE TO POST. 1

 

1) Since the deceased grandfather died in testate the property devolved on all legal heirs.

 

2) The daughter naturally gets her share in the property.  Moreover the daughter was unmarried minor at the time of execution of release deed.

 

3) The rights of hindu unmarried minor female's share cannot be relinquished and by her father and passed on to his brother.  Her father can alienate to the extent of his share to his brother.

 

4) The daughter's share will be on whole of 24 acres not on 10 acres.

 

5) Further, to determine the rights of hindu unmarried minor female rights, the year of attaining majority, the year of marriage, the state where living etc are all required.

 

6) Better discuss with the help of elders to sort out your problem.

 

7) With full facts, consult a local civil lawyer to analyse legal position in detail.

 

Post 2 seems to be different queried by other may be posted seperately.

 
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Hi,

My query is.........04 Years back i purchased a 4bhk builder flat in Indrapuram. Its a second floor flat, which i purchased with roof right. My builder told me that he will get the power attorney done from karnal for roof, being a lay man i agreed. Since i have purchased the property under constrution, builder later built a small room on my terrace and kept his guy there. when on possesion i asked him to vacant my place he started to scare me that do what ever you want to do i will not vacant the place. He even said that i case i will tale any legal set he will take the complete roof owner ship from me as it is power attorney.

My query is - if i take over the place will he be able to do anything. 

Please guide as i am feeling cheated. I even want to submit application in consumer court against him for compensation for all the stress and fraud.

Please suggest

Austin John

 

 

 

 

 

    

 

 

 
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