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Anurag (NA)     28 November 2013

Ancestral property

My father along with 6 others had the ownership in the ancestral property, one of the total  7 memebers say X was given the power of Attorney in 1996 to sale the property with common understanding and agreement (Mukhtarnama) and since my father was not of the openion to sale one of the houses in the property as he was attached to this house emotionaly where he spent so many years of his life with his parents, he was allocated this house in the agreement and made the owner of the house.Since then this house is still in the ownership of my father and was not sold.Every body else has received the money post the sale of the whole property and X has the power of Attorney.My Father has the physical access to the property.We do not have any property papers since this is an OLd one.

X is now asking us to sign the ownership transfer to himself and want to pay my father in lump sum so that he can sale the property as per his wishes and rates.The property rates have escalted and is a good amount.Following are my questions if somebody can answer:

1. Can I arrange some documents from the government offices where I can establish that the house which is now under my father's name is actually our property so that Sale of this house is easy ,comfortable. and without any litigations.

2. Do I need the Consent of X in the sale of the property(No Objection), if yes , is there a way we can by pass him since X seems to be in disagreement for the direct sale of the house.He want to be a decision maker and want us to transfer the rights to him so that he can sale the property.He is quoting rates which is almost 1/3 of the market rates he wish to pay.

3. In this scenario if neighbours try to encroach the boundry's of the house, is it possible to somehow stop this since they have tried this and they are trying to encroach the house given that no body is living there.

4. Last but not the least if somebody can give wise opinion about how to get this resolved without getting into legal disputes is much appreciated.

 

Regards



Learning

 1 Replies

sripada VRS (LEGAL AND FINANCIAL ADVISOR)     03 December 2013

1. Can I arrange some documents from the government offices where I can establish that the house which is now under my father's name is actually our property so that Sale of this house is easy ,comfortable. and without any litigations.

 

ans. u can approch MRO for pahani or patta pass book 2. then u approach Sub-registrar for link documents

 

2. Do I need the Consent of X in the sale of the property(No Objection), if yes , is there a way we can by pass him since X seems to be in disagreement for the direct sale of the house.He want to be a decision maker and want us to transfer the rights to him so that he can sale the property.He is quoting rates which is almost 1/3 of the market rates he wish to pay.

 

ans.  not necessary for NOC. first obtain establish that ur father is one of the owner of the proerty.

 

3. In this scenario if neighbours try to encroach the boundry's of the house, is it possible to somehow stop this since they have tried this and they are trying to encroach the house given that no body is living there.

 

ans. u obtain injuction order (status quo) from ur area civil court jurisdiction, if necessary

 

4. Last but not the least if somebody can give wise opinion about how to get this resolved without getting into legal disputes is much appreciated.

 

ans. property means legal disputes. u only solve the problems or retain the advocate for conlude the matter out of the court. this is my opinion.

 

S.V. RAMAKRISHAN

ADVOCATE

HYDERABAD.


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