Registry of floor in registrar's office - Uncle consent is mandatory

In Property Law
My Grandfather was the sole owner of the property and he died in 2001 and executed a registered will in 2001 in favor of my father (50%) and my uncle (50%) (only two sons). In 2007 they mutely agreed and re-constructed the above-said property, and decided to share the floor-wise Ground to uncle, First floor to be sold after construction & Second floor to father. They sold the first floor in 2008. In 2017, my father passed away. \nMy Question: (a) Do I need my uncle's consent to register the second floor in the registrar's office. Or (b) Can my mother, my brother, and I sell the second floor with roof rights without my uncle's consent?

Answers (2)

338 votes

You need to hire an advocate to understand the legalities. We also need to go through the agreements which your father & uncle had for reconstruction. Also need to know did they reconstruct the house by themselves or via builder ! Also need to know in who’s account the money got transferred after selling first floor etc

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335 votes

It will depend on whether or not you have got the mutation done or not after the death of the grandfather. Any property to get transferred needs a clear title transfer from the seller to the buyer. Feel free to get in touch to discuss further.

Adv. Abhinav Sharma

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