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Gautam Joshi (ABC)     08 April 2016

Property name in of relative but share certificate with us

Dear Forum,

 

Currently we (I, my father, mother and my wife) are living in a half portion of bungalow. My Grandfather's brother (in whose name the property is there) lives in the other portion of the same bungalow. Possesionwise half possession is with us, half is with him. We are staying here before him (we have got all the proofs)

 

Bungalow was constructed (Land and construction expenses done) by my grandfather. But the property was bought by my grandfather in name of his brother in good faith with verbal condition that it is just for the namesake only and he will not have any rights (It was done by my grandfather to avoid some income tax complication at that time). Share certificate are in our possesion with a declaration written on plain paper (not stamp paper) by my grandfather's brother stating that they should be transfered on my father's name after my death.

 

We have not payed a single rupee rent or there is not rent agreement between us. We are staying here since almost 30 years. All we have is the possession of share certificate with above said declaration. And some rough proof that entire money transaction was done by my grandfather.

 

Grandfather was continously pressurising him to transfer it in his name since years. Now before few months my granfather expired due to all this tension as he was not transferring the property in his name and had back stabbed him.

 

1) Is there any way out we can get out ancestral property back with possession of share certificate?

2) Can we claim atleast half portion of bungalow where we are staying since almost 30 years under any law (we are not tenant and have not paid a single rupee rent till day)

3) Can he get us out of our bungalow legally?(we have heard that he might plan it)

 

Please guide and help. Any type of guidance is appreciated. Thank you in advance.



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     08 May 2016

1) Possession is nine point in law. Those having possession of property may be considered as owner of that property. In ur case u only posses share certificate while document is in ur uncles name.

2) If ur uncle give release deed in ur favour then only u will get that property other wise not.

3) Its ur mututal understanding with ur uncle what u want from them and what they were agreed to give it u.

Thanks


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