Ajiyith E 19 January 2024

Property disputes

My name Ajith. I live in a small house build by my father . grandfather ownerof the property. Grandfather and grandmother died. Their children 3 ( 2 daughter, 1 son ). I am his son of son. I don't have father. My father also died at my childhood age. I have personal issues with aunties. To continue my education, I need get loan. So that, I have to transfer the land to my name. My aunties will never claim any ownership on the House. The issue is with them , they refuse to give sign as they want us to be a slave. Please tell me any solution. URGENT

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 19 January 2024

You can't claim your aunts share in the property as a right.

Until they do not transfer their share in the by a registered deed in your favor, you cannot become the absolute owner of the entire property.

In fact you are entitled to one share out of your deceased father's share in the property at par with the other legal heirs of your deceased father.

So, you may have to amicably settle the matter if you want to have the property exclusively on your name

Dr. J C Vashista (Advocate ) 19 January 2024

I agree with the opinion and advise of learned expert Mr. T Kalaiselvan ji.

The house and land are two different assets to offer for mortgage with financier, what do you intend to offer.

You have a share inherited and devolved upon you (with other LRs) through / from your father's share, which is available with you to offer for mortgage.