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What to do if there if property dispute
22-Jun-2023 (In Property Law)
My father was staying in the house of his uncle since last 30 years. After his death and his uncle's death, this property is still not gifted/ registered in our name. Although, whole family/ neighbour are aware of that this flat was given to my father as a token of love for taking care of his family. Now, my father's uncle's family members have given no objection to transfer the property in my father's cousin name to dispose off the property in full. He is giving us share which is very less than the market price. Can we oppose in the court of law without any registered documents or claim our right for right amount of share being the occupant of the said property for more than 30 years? Pls advise the legal route.
Yes. While appropriate advise can be given only upon examination of documents, it appears that you have a good case on merits. However, this must be contested and you must stake your claim and fight for your share / market price.
Helpful?
Adv. Shohit Chaudhry
Delhi | 25+ Answers
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The house in which your father was leaving for last thirty years was belonged to your father's uncle and he has not executed any transfer document either in your father's name or in your name. Which means creating no legal right in your favour. Whatever you are receiving should receive.
Thanks.
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Adv. Sunil Kumar
Delhi | 25+ Answers
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In absence of a gift deed registered in your name, it could be hard to prove your ownership over the said property. Is there any will of your father's uncle? In the absence of a will, a succession certificate will be the primary document through which the heirs can stake a claim to the assets of a deceased relative. Try to get your hands on either of these documents, if any. Property tranfer may be invalid if gift deed is not registered, and in your case it doesn't exist. In my opinion you cannot legally claim your share asking for more than they are giving. Yes, you may get some relief by mediation, try to resolve your issue by settlement.
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Adv. Shipra Satija
Delhi | 25+ Answers
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