• How to get my 50 % property share?

I took a room 16 years ago in my uncle name coz I wasn't having any proof at that time,my uncle was trust worthy so I made it in his name, but after few years when I told him to transfer that room in my name , he refused to do that,
He played a game saying that why I do I give it to you, it's all mine, 
After many arguments, Some how he came to a discussion to have a family settlement, to divide that property in 50-50%, we did that, 
But now what is happening that chawl went under sra building plan, he cunningly made his registration in that plan without involving my name,
From that family settlement basis i made a legal notice to builder not to allot a room because we having a family dispute,
 Because of legal fear he been ready to clear the dispute, and he been ready to sell this in 50 -50 %, because of getting legal notice, as builder said ,we wrote a application in blank paper that we had cleared our dispute, kindly sell this off, and share that property in 50-50% with our and signature of two witness, by this my uncle became more active , coz legal action was cleared after signing in blank paper of clearing dispute, before he was ready to sell of.now
because all documents are in his name he is playing game again saying i don't want to sell, 
Before because of legal notice that room was blocked, now it has released coz we had signed it of clearing dispute, 
Now uncle is saying I won't sell, all is mine,
Sir only the proof I have is family settlement paper of 50-50 %share and wriiten application of clearing dispute and sharing that property in two equal parts with his and my sign.
 now you say how do I get my atleast 50% share, please help. Can I give again legal notice to builder for not alloting room ?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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11 Answers

1)issue legal notice to uncle to sell the room and give your 50 per cent share

2)if uncle refuses to sell write to builder not to give uncle possession of the room as uncle has failed to act on settlement arrived with uncle

3) file declaratory suit that you have 50 per cent share and seek partition of the room by metes and bounds

4) seek injunction restraining uncle from selling the room

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

Send a Legal Notice each, to the builder and your uncle.

Call upon your Uncle through this Legal Notice to forthwith relinquish 50% of this property in your favor, in terms of the settlement which he entered into with you.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

right away send a legal notice to the uncle, if however uncle refuses to settle after the legal notice also then rite to builder that the flat should not be sold to uncle as he has failed to upkeep the terms with you.

Seek injunctions against the said property and subsequently file a declaratory suit.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

If your uncle sells the property you have the sue uncle to receive your 50 per cent share

2) you have no option but to take legal proceedings as your uncle is refusing to give you share in property

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

You can issue legal notice to builder again not to hand over flat to uncle as he has failed to honour agreement arrived at with you

Ajay Sethi
Advocate, Mumbai
97682 Answers
7906 Consultations

Send a second Legal Notice to the builder asking him to act upon in terms of the settlement signed in between you and your uncle, where under 50% of the room belongs to you.

There's no problem in sending the second Legal Notice.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

If your uncle proceeds to sell of the property then you will be left with no option but to file a case against your uncle.

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

In the meanwhile I would advise you to send a legal notice to the builder for not selling the flat to the uncle because he has dishonored agreement that he entered with you.

Let me know if I can be of further help.

Thanks and Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Since you dont have any agreement or documents to prove that you are eligible for 50% or any share in that property, legally your claim may not be maintainable.

However based on the previous legal notice and the oral agreement entered between you two, you can issue a fresh notice to hi m to comply with the demands amide and agreed thereof.

This may invoke or may not fetch any response.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

Can I give legal notice to builder again?

Does it create any problem? I have only the proof of family settlement in 100 RS stam paper which is duely signed by him and me with two witness, it was chawl at that time, but now it went to sra building plan , does it creates any issue of address ?and after qiving legal notice to builder 2nd proof is recent application we wrote in blank paper of clearing dispute and to share property in two equal parts after.

The evidences in yor possession may not be sufficient to start a legal battle, you may not be able to prove your rights since you never stayed in the said property.

The proposed legal notice may invoke or may not be of any use, but you give a try.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

suppose if some how my uncle sell off that property cunningly and grab over whole value of that property, what can I do then?

You cannot do anything about it legally since you dont have any documentary evidence to establish your rights.

one of the person said if you send a legal notice to builder again, than it will go for

legal action in court, if this will happen, then it will be prolonged and money will ruined too?

Sir you say what to do am totally in stress?

In the legal notice you will come to know about the result hence you may not pursue any legal action through court if you are given to understand that the case may not turn in your favor, you can decide after that whether to continue or not

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

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