Transfer of residential land

Jidnyesh Behere (Querist) 10 June 2016 This query is : Resolved
Dear Sir,

I am from Maharashtra.

My Grand father having four child three son & 1 daughter.
My father is older one & now no more as well as my grand father is also no more.
When We are in united family. My grand father divided the three house and their portion equally into 3 part for my father & my two Uncle. All members were mutually agreed for the same.
My two Uncle have taken their part of house and land.
The resi. land(plot) which was on my grand father account now needs to transfer legally to my Mothers account.

What are the legal process & advice for me.

Please guide me for the same.

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Guest (Expert) 11 June 2016
Where it is located , I can tell you what you should do.

If things are legal then it is easy process

If things are not legal then you need to regularize things and then do necessary process .

Govt charges are negligible but Land Record dept. is highly corrupt

dev kapoor (Expert) 11 June 2016
Hi
Has this land fallen in share of your mother ? If yes revenue authorities have to enter ownership in your mom's name but if not then the process may be a little cumbersome.Because by your above description,it appears to be ancestral property and as such has to be equally divided among share holders.Among three shareholder ui.e. your dad and two uncles residential buildings were divided during life time of your Grand Father but what about this plot is not known...this plot still remains ancestral property.
Still if there is no clog on property & revenue people do not cooperate file a suit for mandatory injunction seeking direction to enter your mom's proprietary rights in revenue record.Courts are presumable doing well and not corrupt.

Rajendra K Goyal (Expert) 11 June 2016
How the grandfather gave the houses to sons, by registered document or by oral agreement?

If it was not through registered gift deed / sale deed the sons are not having proper title.

Enter into a registered family partition deed / settlement deed. All sons, daughters, grandmother need to be a party. Discuss with local lawyer.