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Saurabh Gupta (service)     26 July 2008

Disposition of property

If I assume for a moment that my father wrote a will with my uncle givng him everything he could dispose off.  There is a property in jaipur in which he had paid more than 50% of the money. Since it was a land in govt issued scheme and my father already had a land in the state ,he made it apply in the name of my grandfather. My father had deposited the first installment via a bank dd from his own account . we have a bank record of that sum. In the next installment my father gave my grandfather the cash and ahe deposited the money. We have all the reciept of this also. We have also deposited the lease money continuously for all the years. Since all of our money is only involved. Please tell me if my grandfather will also applies over it and give favour to my uncle? though it was not his property!!!!.
We heard that we can claim this prperty on the basis of declaration too ,what is this declaration method and does this hold good in our case also?



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 1 Replies

ESTHERPRIYA (Practising Advocate)     26 July 2008

Dear sir,


In your case the property in the name of the person confers a conclusive title and the property purchased by the proceeds of your money is your case and you have all evidences with you and thus it is your claim to go to the parties by way of advocate notive calling them to settle your own amount spent on the property up to date along with interest. In spite of the notice they failed to give you the claimed money you are entitled to go before the court of law and pray that all the amount spent by me to them for the property concerned should be refunded along with interest or else as an alternative remedy if they can't repay you can ask to bring the property for auction and to satisfy by the proceeds the claim of yours. OR


You have a remedy to file a declaratory suit to decalre whose the property is before the court of law but it fails in your case as you have evidences of the payments made but you dont have a valid agreement of sale or the payments you made does not disclose the identity that these money are paid by you for purchasing the property for you. Hence in the case of declaration the result wil be in favour of your grandfather and you have a claim of money on the property will be the result


 


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