File declaratory suit that you have equal share in land and house
2) enclose copy of agreement entered into between father and uncle
3) seek injunction restraining uncle from selling the land and house built therein
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We live in 2 stories bungalow plot. My uncle lives on the 1st floor who is the owner of the plot and we live on the 2-floor, unfortunately, my dad passed away and now my uncle is refusing to transfer the above unit to my mother's name My dad and uncle signed the agreement (notary) on 20 rupees stamp paper that the top floor(2 floors) belonged to my father and the 1st floor belonged to my uncle and all expenses to build the bungalow were shared between them. We have been living in a two-story bungalow for the past 20 years in Nigdi Pradhikaran and for the past 10 years the electricity bill has been in my dad's name and Tax property comes as bhogvatdhar in my dad's name, My uncle is saying he did not get any money for the land but they both constructed just the house now he will just give the house but we will not have any rights on the land or the top floor of the house since the land belongs to them but the signed agreement says the amount is paid equally for all expenses and he denied. and the agreement is not valid. now I need advice on what can be done to transfer the 2nd-floor property with land rights to my mother's name.
Asked 2 years ago in Property Law
Religion: Hindu
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5 Answers
You can file a suit for declaration of title to your father.
The documentary evidences in your possession to prove that there was an agreement between your father and your uncle and the utility bills on your father's name and tax paid receipts in your possession will prove your title by adverse possession.
On the basis of legal heirs to your father, you can claim title.
Dear client,
Sorry to hear about your situation. But if you have the papers in your father's name then you can trasfer the same in your mother's name. If your uncle is not letting you the same then you can send him a legal notice as you have the evidence that its a property that is owned by your father. Then you can file a case against him. As you are living there for 20 years and paying the bills for 10 years without disturbance from your uncle then that means that there is a implied contract between you two over the ownership rights.
Hope this helps you.
- You and your mother can file a declaration suit before the court for declaring as the legal owner of the property on the ground of that agreement dully executed by your father , and also on adverse possession.
You can transfer the same by executing family settlement deed or gift deed as per your wish
