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NIKHIL KUMAR (OFFICER)     18 November 2013

Property division in blood relation

My Aunt has Recently Suddenly Expired and she has Not Left Any Will papers behind. She was Staying All Alone as she was Divorced Years ago and also had No Children. Worst there are No Property Papers also to be Found. However, other papers like Ration Card, Billing for the Land on which the House is Built, Bank Records like F.D. etc, are Available.

She Owned a Big House, which is Now a Matter of discussion.

There are '2' persons entitled to the House, My Father & My Uncle who are her Brothers and come under Blood Relations. Considering My Father is No More, My Mother should be Now Entitled ?

Now to Bring the House under someone who is in Blood Relation, it is been Told to us, that First the House will be 'Completely Transferred' Under My Uncle's Name. For that My Mother has to give a No Objection Certificate.

It has been Told to us, that Once Done, My Uncle will get the Selling Power ( Single Owner ) & then the House can be Sold by My Uncle & then Mutually Equally Divided amongst the '2'.

1. Firstly, I would like to Know, is the above shared procedure been Told to us is Correct ?

2. Is it Correct, that considering My Father is No More, My Uncle is the Only One in Blood Relation
     on whose Name the Property can be Transferred First, before Deciding the Next Course of Action.        Won't  My Mother be Entitled, in the Absence of My Father ?

3. We are being Told, My Mother has to give a No Objection Certificate to Transfer the House under my Uncle's Name ?

Why Can't the House be Registered or Claimed Under '2' People ( My Uncle & My Mother ), in Constrast to

Only My Uncle, as is being told to us ?

4. What is the Guarantee once the Entire House is Under his Name, that he will have then Mutually Divide

  amongst the '2' ? What Precautions, Safeguards, I Must take in the same regards ?

5. Is there Any other Possible Solution , Advise to Avoid Disutes at a Later Stage ?

6. How to Come out with a Amicable Solution  to get House Transferred, considering No Papers & then Later divide the Amount for the House Sale Equally ?

Request your Advise in the same regards.



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