Claim in property after agreement
Manjula
(Querist) 21 June 2010
This query is : Resolved
My maternal grandfather (Hindu) had a self acquired property and passed away without a will in (2000)
My grandmother also passed away 2 years after that (2002) They had 2 children , my mother and my uncle.
My uncle was suffering from serious illness and needed money for his medical treatment.
Hence requested my mother to sign an acceptance to transfer the property in my grandfather's name to his name so that he could sell off the property for his treatment.
My mother also signed an agreement ( 20 Rs bond paper) accepting to transfer the property to my uncle's name in June 2003
Unfortunately , within three months he passed away (Sep 2003). The property was transferred to his name but was not sold out.
He had no children.His widow is claiming full ownership of the property.
My aunt is working and has constant source of income. Currently she is residing In her parents home.
My aunt is collecting the full rent from my grandfather's house for the past seven years ( from 2003 sep onwards)
Can my mother still claim her share in the property since her brother has passed away or is my aunt (my uncle's widow) the sole owner ?
B K Raghavendra Rao
(Expert) 21 June 2010
A property cannot be transferred on a stamp paper of Rs. 20. Probably it could be an affidavit giving consent for transfer of khatha of the property to be registered in the name of your uncle and not ownership. For transfer of ownership, your mother should have executed either a gift deed or a release deed. An acceptance would not do.
Therefore, your mother is a co-owner of the property along with your aunt. She has equal share in the property and income derived from that property.
Proceed to issue a legal notice for partition and sharing mesne profits (rent) and then file a suit.
