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Saurabh   02 July 2015

Sale of property in our name

We have a piece of land in Tigariya village in Madhya Pradesh near Itarsi. My cousin uncle and his sons are farming on the land since more than 20 years. We do not have any written agreement regarding they doing farming as it was verbal commitment from them of giving an annual amount to my father for farming. My father passed away in the year 2005. Since then we have not been receiving the annual amount of Rs. 25000/-on our 3.95 acre of land. After my father’s death my mother got the property’s name transferred on her and our name ( we are three brothers ). The name is reflected on the online website of MP govt land allocation website. My mother will have to once again go to the collector’s office in itarsi to get the hard copy of property book. My aunt’s sons do not work and these days they have started collecting money from my uncle annually. My father’s mother and sister are also there and have not yet raised any claim on the land. They are staying on the house which was in my fathers name (for which we do not have any property documents ) and we have also not claimed any stake in that. I have few queries which I need suggestion on:

  • Can we sell the property without any interference from the cousin uncle and my fathers mothers and sisters claim as the property is already in our name?
  • Can we claim stake in the house where our grand mom is staying with my aunt and her son?
  • If we get the property book should we directly go for selling the property or we can also take a loan on the land and then ask bank to sell it by not repaying the loan. Is this a correct way to dispose off that property?

Kindly suggest best approach to resolve this as its been stuck and the property should cost anywhere between 40-50 lakhs at current market price. Thanking you in anticipation.



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