• House purchased by my father his mothers name 1960

Dear Sir
We have a house in  Hyderabad  it was Purchased by my father on his mother’s name  (my Grand mother ) in 1960  for which only Notary was done  there is no Record in Registration office  my grand mother pass way . she had 2 sons and 2 daughters . we used to live there ,but since it was not sufficient for increasing family members we ( my father, mother, my siblings ) shifted to another house . my paternal uncle continued to live there . Now , my father ,paternal uncle ,aunts have died , so my paternal uncle ,sons ( my cousins) are living in that house the house has become  very old they are planning to sell the house to a builder without informing me 
The original  notary Papers  of that house are with them , when I asked them for a share in the house , they  refused to give me any share in this house , please advise me how to claim my father share for this property  which was purchased by my father
Asked 7 years ago in Property Law
Religion: Muslim

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8 Answers

1)on demise of grandmother sons and daughters would be the legal heirs

2) your cousins cannot sell property without your consent . Issue legal notice to cousins fir partition of the property

3) if they refuse file suit for partition for division of property by metes and bounds

4) seek injunction restraining cousins from selling the property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

first of all you should take an injunction order from the civil court for preventing your uncle to sell it to any person. you should get a copy of municipal tax and property tax, these documents along with notary shall prove that in whom name property is registered. however tax slips are not a valid document for proof of ownership but you can take a defence that it is in your mother's name so you have right to sell it.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Since the house is originally owned by your grandmother it devolved through succession on all her children equally on her demise. The share of your father is at par with that of his brother. He can file a suit for partition to cull out his equal share in the property,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

How was mutation done of the house in name of uncle ?

2) without issue of notice to other legal heirs mutation would not have been done on uncle name

3) file suit for partition and seek injunction as advised earlier

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Electricity and water bills do not prove title, they only prove possession, but possession is 9/10th of title. Your father is free to file a suit for partition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The original notary Papers of that house are with them , when I asked them for a share in the house , they refused to give me any share in this house , please advise me how to claim my father share for this property which was purchased by my father

The notarised documents are not proper title document.

However your father cannot claim that he purchased the property on his mother's name hence he is the owner of the property, because he has nothing to prove this.

However since this property was on your grandmother's name, your father as legal heir/successor in interest to your deceased grandmother, can file a partition suit claiming partition and separate possession of his legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The bills for property tax are coming on my uncle's name.Earlier these bills used to come on my grandmother's name. My cousins are telling that it is their father's house which is not true. They are telling that they are giving the house to a builder and that they are not going to give us any share in that house. In such a situation what is the possibility of my winning the case if I file one against them?

Along with the partition suit, an application seeking temporary injunction restraining the defendants from alienating or creating any encumbrance on the property till the disposal of the main suit may be filed to get the relief of the property not being taken up for development.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

ok, it is clear that your uncle's name is substituted in property tax document. such substitution cannot take place without any order of the municipal officer. so you should query regarding the process followed by your uncle to got his name substituted. if no such order is passed or your uncle got such substitution by filing of false documents then you should file an application before the municipal commissioner for correction of property tax document.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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