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imfool12   12 January 2016

Flat dispute

i have a flat which is forty years old... and currently also living in it.

the flat was purchase by my grandfather in the name of his 2 sons as minor and himself as natural gurdian and father.

now my grand father is not alive and my father his elder son also recently passed away. thus only my uncle is alive.

thus now he has filed a title suit against me and claimin his right on the said flat, but i would like to bring to your notice that during late 90's he seperated from the family on the basis of mutual settlement got his share of money and a flat as did my father in presence of my grandfather and both of them as well as our few family members who are witnesses of this settlement with was done.

all the events of the settlement are clearly written and undersigned by everyone but its on plain paper not registered. sebsequently during the early 2000 he signed an affidavit in court of chief metropolition magistrate in which he states that he is giving his share to my father and it cannot be reverse or can be claim by him or his legal heirs in future.

then again after few years he again signs on a notariesd stamp paper regaring the family settlement and deed of disclaimer futher more he also signs on my grand father's unregistered will as an witness that he accepts my dad as the executor of my grandfather will.

all of this had been done some 12 years back...

now my dad passed away in 2014 and thus he started his claim and all.

 

i would like to inform that the flat has no being registered till date as the promoter didn't want it to get registered.

 

i have been living for past 26 years without any trouble the maintainece and electricity  bill of the society comes in my name fafter my father's death and before it used to come in my fathers name for last 12 years or so...

 

thus i would like to know are my documents which are not registered of any use.?

family settlement which was done of any use..?

 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 January 2016

Apply for legal heir certificate in the court. Once the application is filed in the court, it will send the application to the mandal revenue officer who will have to visit the house of the applicant, meet the family members and record all the evidence and then revert back to the court. The civil courts will be the final authority on this issue. The legal heir certificate is an important document for purchase of property if the owner of the property is dead and settlement of property disputes within the family as well.

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     16 January 2016

First of all try to get the properties registered on all the legal heirs name jointly duly executed by the builder/promoter, after that if your uncle is filing a suit, challenge his moves based on the documents ad merits in your side. 

imfool12   23 January 2016

the promoter is not signing the papers required for getting the flat registered he is saying you 1st solve your problem with your uncle your documents which i wrote above are waste and of no use


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