Legal Question in Real Estate Law in India
Dear Sir/Madam,
I stay in a house which was purchased by my grand father around 50 years back. The property was subsequently transferred from my grand father to my father and then to me.
In the year 1989, there was an amicable distribution of property family property between the three brothers including my grand father. A deed of agreement(non judicial) was made at the time of distribution between the three parties and my father
was in peaceful possession of the current property for after my grand father passed away in the year 1991.
My grand father had made a deed of gift(Judicial) and gifted the property to my father and uncle. Subsequently my father constructed a new house and we were in peaceful possession of the property until my father passed away a few months back.
Now the youngest brother of my grand father is threatening drive us from the house claiming that he has the right to lay claim in the house. The only base that he has is that the utility bill still is in name of his late mother (i.e my great grand mother).
My father at the very last moment has handed me an NOC affidavit signed by all the brothers of my grandfather stating that they fully honer the deed of gift.
Please let me know how to proceed with the case and register the house in my name.
Warm regards,
AL
1 Answer from Attorneys
13.05.2014
Dear AL,
Since your grandfather has already Gifted the property to your father and your uncle, the younger brother of your grandfather has no locus standi to legally claim his right of ownership in the house. Your uncle (who is named in the Gift Deed) has the right to ask you for his share.
You should obtain the Relinquishment Deed from your Uncle, or ask your Uncle to gift his 50% share in the property to you, so as to enable you to complete the prevailing formalities for transfer of the title of the house in your name.
Regards,
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