Succession Case Pending, Still want to sell the property.
Mukul Kr. Singh
(Querist) 22 June 2011
This query is : Resolved
Hi, my question is that my mother left a house(its on her name) after her death(intestate case) and my maternal uncle acquired that house illegally.[My father died earlier and I am the only child of my parents].Now there is a goon who stays in that house.I was minor(14) when this happened.I applied for the Succession to Civil Judge and in that case he obtained a fraud 'will' claiming all the assets of my mother to his name.Today as I am major now and have completed the mutation of that house on my name.
Now, Can I sell that property without any hassle or my maternal uncle deserves the right to interfere and take any legal action against me.Plz mind that the succession case is still running in the court and the decision is awaited( this succession case includes her bank balance, pension and gratuity fund held by the govt as she was a state govt employee).Please provide insight.Many Thanks
Devajyoti Barman
(Expert) 22 June 2011
Mutation certificate is not the proof of title but only the presumption of title.
Have you done anything about the house of her immovable properties? What is the status of that case?
Succession certificate even if granted in your favour would not perfect your title.
You have to file get a declaratory decree in your favour about that house and get the unlce dispossessed.
Mukul Kr. Singh
(Querist) 22 June 2011
Hi Mr.Barman, the status of the case is pending and the decision is awaited as mentioned in the 2nd paragrapgh.Further, my question is still unanswered as can my uncle take any legal action against me in this situation if I sell the property to someone who is mighty enough to dispossess the property from my uncle.Plz suggest.Thanks
Shashikant V. Patil
(Expert) 23 June 2011
Particularly in respect of house, you have to insert your name in City Survey Dept. by producing death certificate of your mother alongwith Affidavit of legal heirship signed before Magistrate.
