Property issue
padmarajan
(Querist) 06 June 2012
This query is : Resolved
Dear sir,
Recently my mother buy mothers father property, hers father is no more she having four sister (including she) and three brother. one brother expired in child hood days. one bother expired six year back. after that the property given to my mother by other sisters and grandmother and one brother. but expired brother wife and childern is not willing to sign legally. the tax of this property is paid by my mother only. now we want to construct the house because the old house is very much damaged. please gime me good advice for solve this problem.
rgds
padmaraj
Shonee Kapoor
(Expert) 06 June 2012
was it the purchase of property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 06 June 2012
Dear Mr. Padmarajan,
Please give answer to the following points.
When did your grand father (mother's father) die?
At the time of death, who were all alive - i.e. his wife, son(s), daughter(s).
If any of the son / daughter had died please indicate the year in which they died.
Please also indicate whether such son(s) / daughter(s) who died prior to your maternal grand father's death, were married or not.
You say, that "recently my mother buy mothers father property" - from whom your mother bought the property?
Please also tell, whether the property was self-acquired by your grand father, or he got the property from some one else.
If he got it from some one else, from whom did he get it and when did he get it?
padmarajan
(Querist) 07 June 2012
My grand father died around 40 years back that time my mother or his sister(s) & Brothers(s) nobody not married, all are childern.
At the time of death his wife and seven childern.(3 sons & 4 daughter)
2 sons are died (1 is died 1986 ( not married) and other one 2004 (married wife and 2 sons they are in bangalore)
my grand father buyed the property from some body. after his death the property is in the name of his wife and childern. now my grand mother and others given to my mother But one of my mothers brother (expired) sife and childern is not coming to my native or not siging the paper.
my grand father buied the propety from third party.
Now my grand mother also no more.
please find the solution
Anirudh
(Expert) 07 June 2012
The wife and two sons (living in Banglore) of your deceased uncle are entitled to 1/6th share in the whole property.
You have to get the valuation of the property done and then give them 1/6th share (value) and get the sale deed in your mother's favour. Unless you pay them, naturally they will not come and it is also not fair on your part to expect them to sign the papers without getting their share.
padmarajan
(Querist) 07 June 2012
Dear sir,
we are ready to give the sahre, but they are not willing to come and collect the share. Now a dyas they are not picking the phone also. they are the only member i have to give hte sare. all others i given share of Rs around 43000/ each share holders.
now i want to bilt new house please tell me the solution.
Rgds
Padmaraj
Anirudh
(Expert) 07 June 2012
Then in that case, file a suit for partition, make the wife and sons of your deceased uncle as the defendants. They have to come to the Court and answer. Before the Court state that you are ready and willing to make the payment to them towards their share. The court will pass the decree. On the basis of the decree, get necessary mutation of the property in favour of your mother and then proceed as per your plan.
This is the easiest way - though it may involve say 6 months to 1 year.
