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How to claim title in property after resolution of dispute


21-Jan-2023 (In Property Law)
My Nani had some ancestral property which she inherited by her father. my nani died intestate in 1991 and she has 2 children, one boy and one girl. in 7-12 the name of my uncle is being reflected, this property was never divided through the court but still his name is being reflected and theres no share of my mother. how can my mother claim since my mama is willing to share the property. what is legal option i have?
Answers (3)

Answer #1
966 votes
Since property stands in your mamas name.your mama nd your mother can jointly give affidavit cum indemnity and apply to local revenue authority to transfer the revanue records in the name of ur mama nd mother jointly.
Answer #2
926 votes
Your mother has every right in the property left behind by your grandmother. Enquire as to how the Government authorities have entered your maternal uncle's name in 7 - 12. It must have been done by misrepresentation. She can claim the property by filing a suit for partition.
Answer #3
598 votes
Since your Uncle is ready to share property with your mother, matter can be settled through a proper deed. The deed should be drafted carefully to indicate title of your mother in clear and proper words. There is no stamp duty payable on it but it is essential that the deed be registered. The revenue mutations need to be carried out too.
Regards,
Ravikant Thumbre
Adbocate.

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