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imfool12   14 September 2015

Flat ownership

i would like to know some remedies or suggestions to my problem regarding registration of a propety.

the property was purchased in the year 1970's by my grandfather in the name of his 2 sons as minors and he representated them as their gurdian through the process of nomination ( through resale) .

the landlord or the promoter never registered the property due to disputes over the 1 part of the whole property with the apartment owners regarding the common space.

now in the year 1995 one of his son my uncle seperated from the family and was given another flat in his name as a consideration for the share in the above flat.

it was duly signed by my father my uncle and grandfather as well as 3 witnesses who were our family members who were elders.

then subseqently there were 2 documents prepared deed of disclamer and memoradum of family settlement document was made in the year 2001 which was also signed and is notarised.

in the year 2003 a affidavit was made by my uncle in the favour of my father in which he has relenquish his right and made it irrevocable and this doument is made in the court of chief metropolition magistrate and has the serial numbers of it written on it as we have it on 1st class magistrate documents.

in the same year my grandfather died and made a will which is unregistered in which he has mentioned his share and everything to my dad which is also signed by my uncle and my bhua as they were the legal heirs of my grandfather and my dad was the executor.( the above will was notarised and attested).

now in the year 2013 my dad passed away and then all hell broke loose as my uncle started saying that he has the right over the property and i and my mother are suprassing his right etc etc.


the property tax refers the name of both my dad and uncle as minors as owners representated by my grandfather.


i would like to know how can i get out of this mess.


is the document which was prepared in mutual settlement between the family members on normal paper a valid document..??


is the affidavit in which he has given up his right a valid document..?


because now my uncle is claiming he has not signed any documents and all..

thus would request you all for an advise...

wether i should file a case against him or the promoter and does my documents have any value in eye of law.?




 2 Replies

Advocate Rohit (Advocate)     16 September 2015

you need to apply for the transfer of the property before the society, if it is in the control of society alongwith the death certificate of your fathe. let the society demands letters from you and then you need to produce relinquishment deed signed by your uncle, copy of the will and family settlement agreement/deed.

This should surely help you. thereafter, you need to apply for change of name in the proprty tax bill too.



Adv. Rohit Dalmia

imfool12   18 September 2015


in the books of my society the name which appears is that of my mom and me as it was in the name of my dad in the society which he changed after my grandfather's death throught his unregistered will. way back in 2003.


i just want to know if i file a case in court for registration of the property will

these unregistered documents signed by my uncle bhua i.e copy of the will and family settlement agreement/deed will be deemed as valid documents and the relinquishment deed signed by my uncle be considered as a valid document..??


cause i had apporached the promoters saying they can't transfer the flat in my name cause they are unregistered documents.

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