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House on fathers name now he expired can uncle living in it sell it


31-Oct-2023 (In Property Law)
We need your advice to get sort out our property issue. We have a house in West Delhi residing with my uncle (Chacha) from last 30 years. house has 2 floors, Ground one us and Top One him. Owner of whole property was my father. He has no more now. After him, we made a RD of my mother name. Now, my uncle wants to sell this house. So my questions are 1. Does My Uncle has a power to sell this house or Ist Floor? 2. Owner of property was my father which was on Power of attroney, after that we made RD on my mother, so, my uncle has rights on the property. 3. Now, he has taking the help of some Non-social people to sell the house. Can we do something against for this? 4. Is RD is equivalent to Registry? 5. Is it complusory to give them 50% of the property? 6. He has demanding the half amount of the property. we dont have much money what hes demanding. Can we do something against him?
Answers (3)

Answer #1
651 votes
Since the property was in name of your mother did Relinquishment Deed was been executed by your mother..If yes and is registered then it is irrevocable and no use of contesting it once your mother has relinquished her share..If it was not on behalf of your mother and you have done so and it is not registered then there are efficacious remedy which can be availed by you that is criminal and civil both..Therefore there are lot of questions unanswered. Thanks
Answer #2
711 votes
Hi

will glad to help you. You should file a suit for permanent injunction before the district court under whose jurisdiction this property comes. If it was on your father's name your uncle cannot claim it nor he can sell it
Answer #3
682 votes
Answer to your questions are as follows number 1 as the property is in the name of your mother that's why without the consent of your mother your uncle cannot sell property answer to your second question is uncle do not have right over the property answer to your third question is yes you can take action against your uncle buy lodging FIR against him in the same context as you have discussed answer to your fourth question is relinquish deed provide right to the person in whose favour it has been made and that's why the property which has been relinquished on the name of your mother is now belong to your mother

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