Hanif Ahmed (Team Lead) 19 August 2012

Property ownership

*****Imp and urgent***********

I had divorced my wife in 2010. It was a mutual divorce(KHULA NAMA) and all the documents were notarized. She had signed the release deed and the also signed the power of attorney since the FLAT which I live was purchased in joint name, although I have borne the entire cost of the flat and since the time the flat was purchased till date the EMI has been debited from my bank a/c..

I had a second marriage in 2012. In 2012 she has send a notice through her lawyer stating that the documents are fraud and she was forced to signed those documents and the Power of attorney and release deed stands cancelled.

The mistake happened from my side was, I did not register those documents as I was not aware of this. PLEASE LET ME KNOW IF THERE ANY SCOPE TO REMOVE HER NAME FROM THE JOINT OWNERSHIP AS THE FLAT HAS BEEN PURCHASED TROUGH MY HARD EARNED MONEY.

SHARE CERTIFICATE AND MHADA TRANSFER BEARS MY NAME HOWEVER THE ALLOTMENT AGREEMENT IS IN THE JOINT NAME. ARE THESE DOCUMENTS SUFFICIENT ENOUGH (SHARE CERTIFICATE AND MHADA TRANSFER) TO REMOVER HER NAME FROM THE JOINT OWNERSHIP.

PLS ADVISE

Reply Follow

7 Replies

Anish Thakur 7018812737 (advocate) 19 August 2012

dear querist ,

there is no need to worry and you still have many ways to get rid of those unwanted trouble as their is few laws which can stands in your favour and you have one strong point in your favour which stands only in muslim laws if you are sunni muslim.fel free to call for any help.the allotment agreement in both names is sufficient ground and proof in her favour to claim her posession and share .

sachin kumar (engineer) 19 August 2012

My father bought a piece of land.my father died 25 years back and my mother died 8 years back.we are 4 brothers & 3 sisters in all(Total 7).

But before dying they didn't make the will and have not divided there land (property) between seven (7) of us.

My father and the Elder most brother built the house on that land.But that land was of my father.now I and one brother doesnt live there because of our job,and the eldermost and one brother live in that house.

At present the smallest brother lives in ground floor and my eldest brother lives in first floor.i and my another brother has not got anything yet.

my elder brother is not saying anything,now his age is around 70 yrs.My 3 (three)sisters are well settled so they are not very interested in this.one thing more my father died very early so my elder brother done the marriege of all the 3(three) sisters and 2 brothers.

so he also says that he has done many thing for the family so he will not give anything. But according to the Law all are equal and equal partners of that property.

Before dying my mother said me several times that your eldest brother will take this home from you by hook or crook. now when i asked him about the house he said to make 2nd floor and start living in it and he also told me that this house's ground floor and 1st floor is made by him and by my father together. but as per the structure is considered my father told me 20 years back that only ground and 1st floor can be made on this land.and if now i want to live in that house according to my elder brother i have to make 2nd floor on pillers which will cost me very high amount/cost.

i really dont know what to do...kindly guide me ..you can guide me in a better way..please tell me what court says in these type of cases.

please advise what best can be dont in his case.

Anish Thakur 7018812737 (advocate) 19 August 2012

dear querist mr sachin,

you have equal right in all the properties left by your parents including that house no one can deprive you from your rights,feel free to call on profile number if you have any query left

sachin kumar (engineer) 19 August 2012

thank you very much sir,

what should i do next in case my elder brother has made that property(land+house) into his name by making false signature of my father and mother.

Is it possible to get a part of it?

what is the process?

how much chance is there to get it??

please advise

sachin kumar (engineer) 19 August 2012

thank you very much sir, what should i do next in case my elder brother has made that property(land+house) into his name by making false signature of my father and mother. Is it possible to get a part of it? what is the process? how much chance is there to get it?? please advise

Anish Thakur 7018812737 (advocate) 19 August 2012

dear querist sachin,

no matter whose name has been entered in the records ,you can file suit for posession to get your rights and can claim for correction in the revenue enteries,feel free to call on 9459321520 for process and procedure details.