• Unclaim fathers property

My father and his two brothers each had equal 1/3 share in the flat. Only one uncle was residing in the said flat. My father passed away in 2006 and we had no idea about his share in the flat. This year we have come to know about his share but registrar of cooperative society ( by issuing notice in newspaper and following their procedure ) has already transferred my fathers share to the uncles name in 2016 since none of the us( legal heir )has claimed till now. Now my uncles have also sold the flat to someone else. Is there anyway I can claim my share now? What are the chances of getting back the share?

Thank you
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

File suit to set aside sale deed

2) mention that your father had one third share in flat which was fraudulently transferred in uncle name

3) make purchaser party to suit

4) seek injunction restraining purchaser from selling the flat

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

If the property is self acquired by your father then your uncle has no right of the property. But if the property was belong to your grandfather then your uncle has 50% share over the property.IF your uncle sold the property absolute then you can file a civil suit to party added purchaser. You can also file a criminal case against your uncle.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

yes you clan claim for your share.

As per the Property Law ,Immovable Property which is on your father,s name ,after your's death it will be moved on your Mother, Siblings and your's name equally.

Srushti Rudram Desai
Advocate, Surat
3 Answers
1 Consultation

4.4 on 5.0

There is no way that you can claim the share at this juncture as the same is barred by the limitation and filing any suit for claiming the same will give you no result and will be a waste of time and therefore you are advised to not pursue the case due to the limitation and a delay of almost A decade.

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Your stake to claim your father's share in this flat will be highly belated and might not be entertained now.

This is also because of the fact that this flat has already been sold to a third party by your uncle.

Having said that, you may take a chance by approaching the court to seek your share.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

If the sale deed of the Flat is registered in all the 3 names of your father and his 2 brothers, as per the facts explained by you, you have all the right to claim partition of the property to the extent of your father's undivided share in the property by file a case for partition will the documentary proofs.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

Dear Client,

File case for cancellation of sale deed and possession on the basis of documents in which property was showing in joint ownership of all three.

Self acquired or grand father property ?

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Hi, you should file a suit for permanent injuction and declaration in court .. Also it amounts to a criminal offence by your uncle .. Also file a FIR under 420,467,468,471 , which leads to forgery of documets ..

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Yes the purchaser can file a claim

Your claim is barred by limitation

Litigation is a long drawn process and I would not advise you to go for the same in this case.

Thanks and Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

On father demise your mother you and your siblings would inherit your father share

2) when did you become aware of assistant registrar

3) file appeal against said order together with condonation of delay application

4) also file suit to set aside sale deed

5) seek injunction restraining purchaser from selling the flat

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

According to one of the lawyer purchaser can also file case of harassment against me, is it true? - Poor advise.

It was obligatory on the registrar to ascertain, if any legal heir of the 3rd joint owner is alive or not,

At the time of transfer of father share in other joint owner names, they must a have applied for, in which they must have conceal or shown that no legal heir of ur father is alive or something like, Find the record.

File cancellation of sale deed - condone limitation that only by now u came to about the share of ur father int he property and how it came in ur knowledge.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Your claim will be highly time barred.

However, if you are willing and sporty, you may still take a chance by filing this.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

The subsequent purchaser cannot file any harassment case against you.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Now my uncles have also sold the flat to someone else. Is there anyway I can claim my share now? What are the chances of getting back the share?

You can file a partition suit seeking partition and separate possession of yor legitimate share out of your father's share in the property.

The buyers are also to be impleaded as party to the partition suit.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Should I challenge the sale deed and pursue the court to cancel the registrar order and is there any chance of court taking my case seriously against registrar and uncle? According to one of the lawyer purchaser can also file case of harassment against me, is it true?

The lawyer's opinion that the buyer will file a complaint agaisnt you is incorrect, they cannot make any complaint for your genuine claim.

You can file a partition suit claiming yor father's share in the property without seeking to set side the registrar's order or seeking cancellation of sale deed.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can file a suit for partition since your father was also a co-owner of the property.

Filing a civil case for your legitimate share in the property is not a offence.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

You can challenge in court for your father's share and uncle have no right to sell yours father's share also

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

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