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Ahuja Shekhar (Accounts Manager)     14 May 2014

Property document

Dear Friends,

 

In family partion of shop within My Father  & Uncles, one agreement was signed by name "PARIVARIK SAMJHOTA" in which Uncles mentioned that we have no more interest in my Father's Share.

Now, When We want to sell the shop. Committee has been changed to Nagar Nigam. And, they  says that to sell the shop, signature of Uncles are mandatory to sell the shop. But, due to bad relations with them, they are refusing to sign.

My query is :

 

a) How to sell the shop without their signature or how to compel them to sign.

b) If we dont sell the shop, keep with us. Whether in future, my uncles can claim share again in our share.

What is legality of "PARIVARIK SAMJHOTA" Agreement.

 

Please let me know asap.

 

with Regards,

 

Ahuja Shekhar

+91-9255723723



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     14 May 2014

You did not mention,whether family arrangement deeds is registered or not. I hope it is un registered, if this is the case he(uncle) has to initial for sale of that property, yes in future also they can claim share in that property, because family arrangement deed is time barred one.

Ahuja Shekhar (Accounts Manager)     14 May 2014

Sir,

Its registered. But, Still New formed "Nagar Nigam" in Rohtak (Haryana) says that Uncles need to sign for selling the shop.

If we dont sell, in such case.. can Uncles claim again share in our share.

adv.raghavan (Advocate,9444674980)     14 May 2014

If it is registered, he cannot claim any share in that, he already relinquished his rights over the property. With regards to first question, u can check with local counsel,whether NOC from your uncle  is sought based on any local or state laws.

Ahuja Shekhar (Accounts Manager)     14 May 2014

Sir,

Isn't contradictory that-

a) We can not sell without their signature.

b )But they can not claim share in our share.

If they have no right to claim, why we need signature. ???

adv.raghavan (Advocate,9444674980)     14 May 2014

As I said in earlier msg, states have different laws with regards to property transfers, apart from central acts. It is better to take local lawyer and get things clarified.

Ahuja Shekhar (Accounts Manager)     14 May 2014

ok sir,

thanks.

Mahesh R. Sonawane (Lawyer/Fight for justice)     14 May 2014

"Committee has been changed to Nagar Nigam".

Means???

If shop is own by you then where is the question to take permission of nagar nigam? whether it is allotted to your family by nagar nigam?

I think you have to file declaratory suit on the basis of registered samzota agareement...and for direction to the Nagar Nigam....


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