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 sign the agreement (notary) on 20 rupees stamp paper that the top floor(2 floors) belongs to my father and the 1st floor belonged to my uncle and all expenses to build the bungalow are shared between them. We are living in a two-story bungalow for the past 20 years in India and past 10 years the electricity bill in my dad's name now I need advice on what can be done to transfer the 2nd-floor property to my mother's name.
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- Since, your uncle is the owner of the plot , then only on the ground of contribution in the construction of the house , you cannot claim ownership of the second floor.
- However, as your father has entered into an agreement as a settlement , then your mother can file a suit for declaration before the court on this ground after submitting the proof of fund expended for the construction of the house.
File declaratory suit that you are absolute owner of second floor
2) enclose copy of agreement signed by father with uncle that costs for construction shared with uncle
3) seek injunction restraining sale of bungalow by uncle
We don't have proof that we contributed to the construction. Actually, Prabhakaran(Society) that dint allow 2 owners for a single plot in 2001 so they made an agreement that they both be owners of their house, and the plot half money is given by my dad.
Signed agreement is binding upon uncle
It is necessary to peruse agreement to advice further
the transfer can be done by a registered deed of transfer. Thus, in order to transfer to your mother's name, your uncle and your mother will have to enter into a deed of transfer and get it registered with the relevant authority. This deed should also make a mention of the agreement between your dad and uncle and should include all the relevant details pertaining to the property. Once it is registered, the transfer of title of the property will be legally valid
1. Send a legal notice to your uncle based on the notarised agreement to partition the property (2nd floor) in your mother's name.
2. If there's no positive response from your uncle, file a suit in the jurisdictional District Court/Competent Court for declaration, partition and separate possession of the property by metes and bounds.
3. Since the agreement between the brothers is an unregistered one, it's difficult to establish the joint ownership of the property. But you can take a chance. Don't vacate the 2nd floor portion come what may.
Since your father and uncle have funded together for the construction of two floors on the plot and ever since the construction both are living with their respective families occupying each family without any hindrance and also they have entered into an agreement mutually to share the property between them, on the basis of intestate death of your father, you and your mother can file a suit for declaration of title over the floor of the property where you and your family live.
The mutually agreed document though only notarised as well as the other supporting documents namely electricity consumption bills and other utility bills can be produced before court as documentary evidences to establish your title
The proof of funding for the construction can be established by producing the notarised agreement between your father and uncle stating that since they both have contributed equally that this agreement came into effect.
You have to somehow arrange some or other stories to establish your claim.
It can be transferred through dad's will or through a family settlement deed between the legal heirs
- Since, that agreement is an undertaking by the uncle , then on this ground your mother can approach the court .
Dear client,
Based on the information provided, it appears that your father and uncle jointly owned the bungalow and entered into an agreement that the first floor belongs to your uncle and the second floor belongs to your father. The first step to transferring the second-floor property to your mother's name would be to establish your mother's legal right to the property. This could be done by obtaining a succession certificate or a probate order from the court.
Once your mother's legal right to the property is established, she can approach your uncle and request that he transfer the second-floor property to her name. If your uncle is unwilling to transfer the property voluntarily, your mother may need to initiate legal proceedings to enforce her rights.
It is important to note that the terms of the agreement between your father and uncle would also need to be considered, as they may impact your mother's claim to the property. It may be advisable to consult with a lawyer who can review the agreement and advise on the best course of action.
