Redevelopment of property
My grandfather has 3 houses in delhi, he has 4 sons including my father. My 2 uncles are living in 2 separate houses and we are living with 1 uncle and grandparents in 3rd house. All the houses are old constructions from year 1948, now none of the property has clear documents. My father wants to redevelop the house we are living in its a 200 sq yards property, equally divided with our 1 uncle. But he doesn't want to redevelop the property. Hence we aren't able to redevelop the property as in Delhi we can not just redevelop 100 sq yard part of a 200sq yard property. There are also no proper documents of the property as the property was developed in 1948. In case what kind of legal recourse we can take. Kindly guide suitably.
Asked 4 years ago in Property Law from Tarun, Delhi
What do you mean by ''none of the property has clear documents"? Are the documents of title also lacking? As per the facts furnished by you, the properties date back to 1948. Is your grand father the original purchaser of the properties or the site underneath it? The original purchaser must have registered the deeds. You may carry out a title search with the registrar.
It remains to be seen whether on the basis of the documents, if any, in the possession of your grand father a case of continued possession can be set up by your father if your uncle files a case to restrain him from developing the property as he is opposed to it. Your father may also file a case for partition of the property if there is a semblance of title. To this end, you should have an in chamber consultation with a lawyer.
Your grandfather is owner and he is living in the house and allocated portions of the house to your father and uncle to live. It will be the willingness of your grandfather to develop or not. After him when property comes to your father he can use the way he wants of course following the regular procedures.
Advocate, New Delhi