I purchased a room in mumbai 15 year back, at that time i was new to this city so i wasnt having document so i buyed that room in my uncles name, my uncle was too trustworthy , i thought after having my document i will transfer it to my name, but after few year i discussed to transfer, but nw he is saying , why do i qive ,it is mine, after many arguements, fights he decided to have family settlement for 50-50%. we made it in a 100rs stamp paper of family settlement. nw the problem is that chawl has under went in (SRA) building plan, in that he cunningly made his registration in that sra plan, but he didnt included my name, many times we said to sell that room and what ever the value will get will divide in 50-50 % but he not ready to that, he is waiting when that sra will allot room in his name, he wanted whole 100% share. sir you say hw can i get my property, m not expecting all atleast i want my 50% share. kindly help me?
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Deed of family settlement is under stamped and not registered
2) it is in admissible in evidence
3) you should issue legal notice to your uncle to claim your 50 per cent share as per deed of family settlement
4) also inform builder not to allot flat in uncle name as you have 50 per cent share as family settlement deed
You send a legal notice to your uncle to implement the agreement made in the Rs. 100/- nonjudicial stamp paper and allot you the 50% share in the property.
Let him give a reply denying the demand or agree to give your share, this legal communication shall become a documentary evidence to file a suit seeking injunction and your share in the property.
Subsequently you can file an injunction suit against yor uncle restraining him from signing the agreement for the entire property and also against the developer to not to proceed with the allotment to your uncle in full and to allot you the 50% share.
Let the case go on for some time, though the case may not sustain and you may not get a favorable judgment owing to the shortcomings and draw backs in your side, this case will rattle the whole scenario and put pressure on or uncle, who may, in order to avoid stretched legal battle, come down for a negotiation.
You can discuss with our advocate about the strategies to be adopted in this so that you are ultimately benefited.
Legally Do uncle have a rights to take all share? , whenever I tries to speak to clear this matter he tries to ignore us. can I Lodge a complain against him? Sir say what do I do?
file complaint against uncle for criminal breach of trust , cheating under section 406, 420 of IPC
2)also complain to SRA against your uncle . enclose copy of family settlment deed
You demand your right by first sending a legal notice and afterwards you may proceed with the further legal course of action.
A complaint with the police may not be maintainable, it may even backfire when you are trying to take proper legal action after that.