I would like to get expert views on my property case
Before the death of my Grand Mother(1995), my Aunt released her share (registered) to my Grand Mother giving her majority right to sanction rights in leasehold property measuring 85 Sq Yds.
Before my grandmother’s death, she wrote a WILL (Registered) along with my uncle giving the Ground Floor Share to my DAD. And rest of the building of 4floors shared accordingly amongst 4brothers(including my uncle, who holds title, as per L&Do record).
Post the death of my Grandmother, my uncle submitted her death certificate at L&Do and got the mutation done on his & my Aunt’s name. Moreover he also revoked his WILL.
Year 2004
In the year 2004, he filled suit for possession in the court claiming Ground Floor rights from us and also from other three brothers, who had upper floors.
My father settled the matter with him in 2/3rd hearing. We have court order copies which mentions the case as settled amongst the parties. My father later did a unregistered agreement between himself and other two parties(uncle & aunt). While rest of the brothers are still fighting their WILL case in Court.
Year 2006
My father passed away, leaving an unregistered WILL giving all the rights of this property to my Mom.
Year 2009
I asked my Aunt to register the agreement to Sell to which she agreed and we got the same done, but unfortunately we didn’t apply for SPA or Power Of Attorney. And we just hold an Agreement to Sell which stated 50% share of undivided property.
Year 2014
I reached my uncle and asked to register the agreement to sell, to which he refused. We have possession of the property and we have been paying house rent and also commercial rent, cause we are doing a commercial activity on our ground floor, situated in Central Delhi.
I would like to know, what steps should I take to make sure, I am able to sell this property in future (10-15 Years), if not early.
