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Niraj Shah (Proprietor)     07 June 2016

Share in house property.

In dec, 2002 my father disappeared leaving back debt of 12.5cr of central excise and various financial Cos.  Gujarat highcourt sealed his all properties except our home as it was inhertiant property from my grand father.  My two uncles along with my father are co-owner of house.  They removed my fathers name on basis of 20rs Stamp Paper which was notarized in year 2003 after disappeared of my father. Is it valid document to remove name? The notarized document did not specify any amount given to my father as a part of relinquishment from property, it simply specify that there was oral distribution between 3 brothers and my father has reliquished  himself. from property. Now my query is can my mother claim for property's 33%  i.e my father's part?  

Gujarat highcourt has given judgement that it is HUF property. 
Kindly guide me we want to claim our 33% property rights.



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 June 2016

Sir, 

 

Seek partition of the property, that documnet is not valid. 

Warm Regards

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     07 June 2016

Obtain the mutation record and all link documents from local revenue officer e.g. Patwaari even if thru RTI, including the said rs.20/ stamp paper on the basis of which the relinquishment by your father is claimed and on the top of that recorded!

 

Assess if this was done by your uncles, to protect the attachment and liquidation of your father's share from this property as well. You are closest to the facts and can opine on it better than anyone else.

If that be the case the share of your father in this property shall remain vulnerbale to liquidation and payment of govt's dues.

 

You have posted that there is a decision by Gujarat HC deciding it as HUF property.

You may show all dcos on record to a very able counsel specializing in family/revenue/liquidation/taxes/property matters etc......................

 

 

 

.

 

 

Ajay gupta (Work in Office Assitant)     07 June 2016

Dear Sir

Mujhe English mai likhna nahiaata hai

Sir,Mere Father 3 bhai hai Jo ghar ek hi hai year 1976 ki lagbhag jameen ki registry hai wo mere bade father ke naam ki hai aisa wo kehta hai us time mere dada ji bhi jinda the .es property mai lagbhag teeno bhaiyo ka rupaiya laga tha aur wo makan bhi taiyaar ho gaya tha lekin kuch year se wo dhamki dete hai ki isme kisi ka hak nahi hai . jabki hum logo k paas panchyat k fesle ki copy jisme sirf  ghar ka batwara hua hai  wo aaj kal bahaut tang karte hai aur kehte ki ghar mai hi aapka hai zameen mai apka koi hak nahi hai.

kripya margdarshan/sujhao dai

Kumar Doab (FIN)     07 June 2016

Obtain mutation record and all link documents from patwaari and show these and Panchayat decision and witnesses and record that shoe that everyone contributed to the property to a very able counsel specializing in family/property/revenue/civil matters and discuss adverse possession also.

The counsel that has examined all documents and inputs can advise you the best.


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