Property information needed
ss
(Querist) 08 December 2011
This query is : Resolved
Respected sir,
im 50yr female with 3kids,we having property,when i was 10yr my father expired,my father had 1younger brother,property is on my chacha name,till 5yr back my chacha had given 50% share in property without any problem.chacha too died in 2003 after that also when they sold property i got my share.Due to a small dispute ,i told to my chachi,that i will make them Run to court thinking that we have share.From 3years no talks between us.Pass book is on my chacha name,im having that original passbook with me,my brother dont know much about lands .Last month when i went to Register office they told me that PROPERTY IS ON UR CHACHA NAME(in Maps,1B,Andangal) ,IF HIS SONS WILLING TO GIVE MY SHARE THEN ONLY I CAN GET MY SHARE BUT NO COMPULSORY,as i had talked rude with them,now my chachi is going to do registration on her sons name as property is on my chacha name,when i took zerox copies,in that property is on my chacha name now on my chachi name,she can do registration on her sons name.
Here a Lawyer told me that even if i go to court , 4 or 5years it will be in court after that judgement will comes on their name,as in Records all are on their name from many years,neither my father name nor my mother name was not mentioned in records,only grand father names after that chacha now on my chachi name,
1> I WANT TO KNOW WILL I HAVE RIGHTS even after my chachi will do registration on her sons name
2>IF I GO TO COURT(if property converts to brothers name)WILL I GET RIGHTS or not.
please tell me
ajay sethi
(Expert) 08 December 2011
was it your grandfather self acquired property? how did it devolve on your uncle name ?
did your father sign any documents so that your uncle became absolute owner of property?
it appears your uncle was absolute owner of property . did your uncle leave behind any will ?
how was property transferred in your aunt name?
it appears your aunt is making gift of property in her children name .
without detailed answer to queries it would be difficult to state whether you or your brother have nay share in the property
Raj Kumar Makkad
(Expert) 08 December 2011
The advice of your lawyer seems thoughtful but prior to coming to final decision, it shall be good for you to obtain the relevant record of the land from the day, you grand-father became owner of the mentioned land till date. You then obtain the services of a local lawyer conversant with the revenue matters and then conclude on what grounds, your chacha became owner of the entire property and what was the original status thereto. If it was ancestral then the entire wheel can be moved back but if things are otherwise, it shall be good to create good relations with your chachi.
