My uncle had purchased a shop, on the basis of (affidavit and general power of attorney basis) near a chawl in the year 2000 from a lady (husband died in the year 2001 and on whose name was the property) who after 16 years have bounced back with her younger son who was 16 years of age then, now 32 claiming that the sale proceeding was done when he was small and not in his sound stage and the sale amount given to her mother was very less than, and now his voice and action seems threatening and is asking for more amount as the property rate has appreciated and is in threatening mode to take some illegal action with his friends.
I dont know the legal terms for these sale but the sale is not a registration and stamp duty paid type it is (affidavit and general power of attorney) type transfer and contains the signature of all the members including her younger son than, and also there is a letter which was given in police station by my uncle than, that the son mother has sold the property to him, and other fact is that this person who is threatening is rowdy type and have criminal record and is trying mental harassment means.
All outgoing and incoming correspondence and licenses are on my uncles name
1) Is any kind of legal action he can take other than threatening?
2)what action my uncle could take to secure himself?
3)he has three children(adult), should he transfer the shop on all there name, so that any future risk could be averse?
4)please throw some light on it.
(Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)
30 July 2016
In the given circumstances, in my opinion, your uncle can not claim absolute right over the property as the reason that the sale deed was not properly executed by complying the required legal formalities. However, he can obtain absolute right over the property by way of getting decree from concerned civil court on suit for adverse possession.