It is necessary to peruse agreement to advice
issue legal notice to uncle to transfer 2 nd floor on basis of agreement
Join Family Plot issue
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(which is not valid to take to court it was just in between them) that the top floor(2 floors) belongs to my father and the 1st floor belonged to my uncle. My dad's name is there in the property tax as bhogwatdar. We are living in a two-story bungalow for the past 20 years in India(Pune, Maharashtra) 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.
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
Dear client,
I'm sorry to hear about your situation. If your father's name is on the property tax and he signed an agreement with your uncle regarding the ownership of the two floors, there may be legal avenues available to transfer the second floor to your mother's name.
The first step would be to consult with a lawyer who specializes in property law in Pune, Maharashtra. The lawyer can review the relevant documents, including the agreement between your father and uncle, and advise you on the legal options available to transfer the property to your mother's name.
In general, the legal process for transferring ownership of property may involve drafting and registering a new agreement or deed, submitting the required documents to the local land registry office, paying any applicable taxes or fees, and obtaining the necessary approvals from local authorities.
It's important to note that the process can be complex and time-consuming, and may involve legal disputes if there are disagreements between family members. Therefore, it's important to work with a qualified lawyer who can guide you through the process and help ensure that your rights are protected.
You can go for partition on the basis of that document in court and get a declaration that he should transfer it to your mom
File declaration suit to declare your mother as owner of 2nd floor...you have undisputed possession, an agreement, certain bills and tax receipt to show possession. One important thing try to show that your father built the house and enter into aggreement that 2nd floor will be mine to which both agreed.
The agreement between your father and uncle was by an unregistered document and from your contents it appears that the property was let out to your father on lease, you may have to confirm that.
The tax receipts are not title documents, hence you cannot rely upon them to claim title.
As the property was on your uncle's name, your father never had title to the property.
If at all he has paid any money towards this property and you have any documentary evidence to prove that you can fight the case on that basis.
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 claim title by adverse possession.
