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M Iyer (Engineer)     30 April 2013

Bangalore property (khata)

 

I reside in an independent house on a plot of land in Bangalore. This plot of land was purchased by my grandfather in 1952 through a sale deed. My grandfather died intestate (in 1965). My deceased father had a sister (married before 1947) who is also deceased. The khata of this plot was in the name of my father. The khata is in my name for the last  14 years. I plan to construct a new house on this land in place of the old house. 

Some people say that I should get NOC / consent from my father's sister's children.

My questions are,

1. Will there be any hurdle if I go ahead & construct a new house ?

2. Whether my father's sister's progeny has any claim to the property ?. 

3. What are my options for getting a clear marketable title for the property in my name ?. What bearing does the Hindu Succession Act 1956 & the subsequent 2005 amendment has in this scenario?

Thanks & regards
M. Iyer



Learning

 3 Replies

ravikumaradvocatemswllb (lawyr)     30 April 2013

see mrs its the grandfather property so its a acentral property so your father sister also have right so kindly go ask the concern advocate bacause u says that only oraly but documents we dant no

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2013

Your grandfather has died in the year 1965 intestate.  After the death of your GF succession opens immediately, so your father's sister had share in the property.

How you got the property it is not clear in your question.

Rajendra K Goyal (Advocate)     30 April 2013

The answers are as follows provided all the facts are as such as mentioned above:

1.   The father's sister's progony may object to it.

2.  Yes, as per sucession they have got the right.

3.  Consent decree from court. Consent of your father's sister's progony in the court.


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