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kishor Rajpal (SR EXECUTIVE)     11 May 2010

consideration of my fathers property from cousins

my fahter and uncle had two gala workshops adjacent to each other since 1966, due to dispute my father left the property , my uncle died and my father's property is beng used by my cousins till date, now they want to sell the property and have approched my father for the property paper which are in his name

Pleas suggest

1) whether my faher can recover the property from them?

2) is my father eligible for consideration for handing over the property papers to them?

3) can my cousins sell the property without papers if my father does not give them papers

4)if they do not give us any considertion and sell the property , do we have any right to calim from them.?



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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 May 2010

To show your father is the owner of the property what documents he has. If he has got any regd., documents then he can recover the property by filing a suit for declaration and injunction against your cousins. Your cousins cannot sell the property without your father's signature if your father has got any regd., document to show that he is the absolute owner of the property. Take property extract from the city survey officer so you can come to know who is the owner of the property.

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 May 2010

since all the documents are in the name of your father, he can file a suit for ejectment to evict your cousins 

kishor Rajpal (SR EXECUTIVE)     11 May 2010

thanks Rajeev for your reply,

My father has three documents, Special power of attorney,agreement to sell the immoveable property and appendix XXiV (deed of conveyance to be executed in the case of freehold properties which are sold  otherwise than by public auctions) in the name of the first owner from whom my father has purchased the property 

Documents are not registered, can my cousing still sell the property without my fathers concent.

kishor Rajpal (SR EXECUTIVE)     11 May 2010

Thanks Sir, can you please explain me (he can file a suit for ejectment to evict your cousins)

 

The property is in name of my father and is being used by my unlcle,s (my fathers brother ) sons i.e. my cousin.


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