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Xavi   18 August 2019

ancestors Property dispute between brother

We have ancestors property, and The property is currently on
my uncles name and he is dead, his wife sold the property without any consent of our other 5 share holders.
There is no paper of Gift deed.
Can she sell the property without our consent?
we have the old records which has our grand father name on it but new papers has my uncle's name.
we don't know how my uncle transferred his property on his name in 1972.
Since 1972 the property is in name of my uncle and we came to know about this few years back.
Is there anyway we can claim for the property?


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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     18 August 2019

Ji, it is in the year 1972 as per your knowledge.  you kept silent for these years whatever the reason.  As it is ancestral property, all the legal heirs have equal rights over the property if your grandfather died intestate.  so she cannot sell the entire property.  however think, your graandfather might have been Gifted the property to your uncle.  so apply for EC on "Name Search" on your uncle name and another on your grandfather name.  then you may get some information.  after getting such information consult a local lawyer for further guidance.

 

Xavi   21 August 2019

Thanks for your response, We will do the EC but wanted to know what if there is a gift deed between my grandfather and uncle without the knowledge of other 5 shareholders. Then can my uncle's wife sell the property without other shareholders consent?

kavksatyanarayana (subregistrar/supdt.(retired))     21 August 2019

Yes. if your grandfather gifted the property to your uncle, now his legal heirs have right to sell.


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