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Can father claim share in grandfather's property in case of oral will


09-Aug-2023 (In Property Law)
My grand father given a 4 Portion home to my father in 1950's without registration for both brothers. My father is youngest . eldest brother is living in the same home and my father given the rent to others and settled in Hyderabad now we want to sale the portion of my father but we are not having any documents of that home neither registration. My grand father called both brothers and orally said that 2 portions of u r eldest brother and remaining two portion of yours . Now we want to sale of our 2 portion home What procedure to be follow and what should we do please suggest.
Answers (2)

Answer #1
948 votes
HI,
possession follows the title this rule in law will clearly applicable in your case.
with regard to your home
1) what about municipal mutation and ownership certificate.
2) electricity bill of your portion
3) water bill of your home.
4) property assessment of your home
by above details you can sold the property to any body.
municipal mutation and certificates from the revenue will help you to prove your title.
Answer #2
613 votes
Hi
If both your uncle and father agree then they can execute the sale deed jointly to the buyer of your portion of property.
Those days, everything was oral and people were harmonious. however things have changed.
if your father and your uncle are not in good terms now, then your father alone can sell the property claiming oral partition and possession since 1950 and with the help of documents like property tax, electricity bills in his name, can sell the property.

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