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Property related question

(Querist) 29 May 2014 This query is : Resolved 
Respected Sir,

i am the only son of my father and he is also the only son of my grandfather.

we have a property in Andhrapradesh on both my grand parents name, my grand father passed away few years back.

this property is in court for some loan related issues with some bank for almost 12 years.

my father used to take care of all the court hearings and spent money and time for this 12 years. my father decided to pay the bank that money and want to sell this house now.
my father has three sisters but they never helped my father all these years but they are showing intrest on the propery.

does they have any such rights to claim the property. and if they claim how much percentage they get if the house is on sale.

can you please suggest any idea, if my father or me can get the whole property on our name as my aunts never helped us.

Thanks
Bhargav
ROHIT SHARMA (Expert) 29 May 2014
Dear Mr. Bhargav,

1. Legally speaking the sisters of your father are the co-parcerners of such ancestral property. They have equal share same as that of your father.

2. Since this property was mortgaged to the bank either by your grand father or your father for to secure loan for the purpose of welfare of the members of the family, then the repayment of such loan is a burden that needs to be share by all the co-parcerners.

3. May be this loan was taken for the marriage of such sisters.

4. The best way is to make a family settlement deed and have the sisters relinquish their share in favor of your father and then sell the house.

5. Even selling the house which is still in the name of your grand father needs to mutated in the name of all the legal heirs of your grandfather before such house is sold.
Bhargav (Querist) 29 May 2014
we took the loan for construction of house. its an house loan.

the property is on both my grand father and grand mothers name.

my grand father passed away.

my grand mother still exists
Bhargav (Querist) 29 May 2014
we took the loan for construction of house. its an house loan.

the property is on both my grand father and grand mothers name.

my grand father passed away.

my grand mother still exists
Rajendra K Goyal (Expert) 29 May 2014
Your grand mother has 50% share in the property, she can dispose it off as per her wish.

In rest of 50% share of your grand father all the legal heirs have equal share.

Better amicably settle the matter
R.K Nanda (Expert) 29 May 2014
agree with experts.
Rajeev Kumar (Expert) 29 May 2014
Agree with experts. Particularly Goyal sir.
Raj Kumar Makkad (Expert) 29 May 2014
Your father need not clear the outstanding debts of bank alone if your aunts are also interested to get their shares in the mortgaged property. let all of them also share equally with your father and get a family settlement done as already suggested.
Bhargav (Querist) 30 May 2014
one of the Expert suggested this.

can you please look into this and suggest as this property is on both my grand parents name and my grand father passed away and my grand motheris alive

Expert suggestion -

Your grandmother has to register a Gift Deed of the property to your father. If she writes up her Will of the property in the name of your father, your father will have to Probate the Will at which your aunties can contest the Will. So a Gift Deed by your grandmother of the property either in your father's name or in your name seems the best option.

thanks & Regards,
Bhargav
Adv.S.A.N.Baroodkar (Expert) 30 May 2014
its better you have a amicable settlement with you aunty because if she executed a gift deed also may be a chance your aunty might file suits by way of hook or crock and gett it stayed by the order of court


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