Was any agreement executed between your father and uncle and what was the mode of payment to your uncle?
Family property dispute
Grandfather hold a ancestral property which as per his will belongs to my Uncle(father’s brother) name and then agreed to sell that to my father in return of agreed amount. Due to some family conflicts that transfer never happen completely (even after paying the agreed amount) and now both unfortunately died at same time. My aunt is legal heir of my uncle’s assets and me and my sister are legal heir of my father’s asset. Also my uncle/aunt are US citizens and me(Indian citizen) and my sister(US citizen). If that matters at all for this issue. How to handle this situation moving forward in conducive way ? Please guide.
Asked 3 years ago in Property Law
Religion: Hindu
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9 Answers
1) aunt can execute registered sale deed in your and sister favour
2) it should mention consideration received by uncle during his lifetime
3) if aunt is refusing to execute sale deed file suit for specific performance to direct aunt to execute sale deed as full consideration was paid to uncle during his lifetime
- As per law, after the demise of your uncle intestate , his said property would be devolved upon all the legal heirs equally
- Hence , if aunty is only the legal heirs and no children , then she having her right over the said property , and can transfer the same to you & sister .
- She can execute a registered Sale deed in your favor or even gift deed in your favour
- Further, if she is residing outside India , then she can give POA to any relative or nearest one to execute the transfer documents on her behalf.
- However, if she refused for the same, then you can approach the Court for getting the same.
If your aunt is agreeing to transfer the property to your names on the basis of legal heir/successor in interest of both sides, she can either visit India and execute a registered sale deed in favor of you and your siblings, in case she is not able to visit India for this purpose, she can very well give a POA ded in favor of any close relative to execute the task on her behalf.
Your sister also can give a POA deed in your favor to receive the property on her behalf.
In worst possible case, can she give POA to some close shady relative and move me(currently living there) out of house. Do I have to be pro-active in any legal action to be prepared for this scenario ?
Asked 3 years ago
- POA holder must be a close relative , otherwise its registration is mandatory
- If you having apprehension that she may file an eviction suit against you , then you should file the suit for Performance before the Court.
If she takes legal proceedings fir your eviction file suit to direct aunt to execute sale deed on your favour
Your share in the property cannot be denied by your aunt.
If at all she wants to claim her share and would like to settle the matter amicably, she has to consult you, take your consent and then proceed, if she has any other plan, then she may have to approach court alone.
She cannot take law into her hands, if she does any such mischief, you can take legal action against her seeking releif and remedy.
There is deal between father and uncle for sale of immovable property for which agreed consideration is paid by father. Both are deceased. Aunt as legal heir of uncle is U.S citizen. You want to enforce the deal as legal heir of father. With the proof of agreement you need to file a suit of specific performance of against. Sister can join you in the suit as plaintiff by executing a GPA in you favor. Limitation of filing suit seeking performance of agreement is three yrs.
It's better all of you go into a family settlement deed in the said Matter
