• Needed suggestion for my grandfather's property

Hi
I am local resident of Indore(M.P.). I need some suggestions\Information regarding the my Grand Father's property. let me explain in detail.

My Grandfather (GF) has 7 Sons and 5 Daughters (Total 12). My father comes in 6 position in this list.  In past My GF bought 2 Properties(Home) in indore . The registry documents of both this propeties are held by My Uncle (Eldest son.). 

And In past My all other uncles and aunts (including my father) signed a Power Of attoerny in the name of My Eldest Uncle. That he can sell both property on the behalf all other.

Now my question are ,1) Since i don't have any documents of both property. How can i bleam my right for those propertis.

2) After my father , which documents should i have , which indicates that i have right in those properties.

3) If my Eldest uncle son's do some thing wrong, Then how i can put right for those properties. Since I don't have any document.

I hope i have tried to explain my problem.
Asked 10 years ago in Property Law

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11 Answers

was it self acquired property of your grand father ?

if it was self acquired properties did your grand father execute gift deed in favour of your uncle?

how was property registered in your uncle name ?

it is better to have deed of partition made inorder to protect interest of all members of family

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

if property is registered in your grand father name all 12 children have equal share in the property .

POA on plain paper is not sufficient . it should be on stamp paper and duly registered .

your uncle cannot sell property on basis of plain paper POA even if all 11 children have signed it .

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

registered POA is valid till your grand father is alive,if there is will in favour of any other son,then he can have the possesion of it,if not then it will be equally divided among all the legal hiers

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

if they do it you will have a right to challenge that in court

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

yes sign of daughter will be required.every one will get 1/12

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

my pleasure

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

take search in sub registrar office . obtain copy of registered documents for your record regarding property .

ask your father not to sign any document in favour of your uncle

. let your father insist on partition deed be made in respect of property standing in name of grand father . you have no right in respect of self acquired property of your grand father during your father life time .

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Has your grand father made any will in respect of the properties which he purchased out of his own funds? What is the power conferred by power of attorney? Is the power limited to sell the properties? A Power of Attorney can be of many kinds. Unless the same is perused it is difficult to say what is the nature of power conferred on your elder uncle.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property is registered in the name of your grand father then your grand father alone has the ownership thereof notwithstanding the fact that Power of Attorney to sell the same has been granted by him to one of his sons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If any document is forged by your uncle by which he usurps the entire property and deprives other heirs of their lawful rights then any one of you may move the court for the cancellation of any deed forged by him.

In order to ascertain whether any such deed has been made by him you require to carry out a title search from the office of local registrar as any such deed will inevitably be registered by him to assume ownership rights.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since all children of your grand father have an equal share in the property the signatures of every one of them are required unless your grand father makes a will.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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