Legal Question in Real Estate Law in India
Author : Bhargav
Posted 45 minutes ago
Respected Sir,
i am the only son of my father and he is also the only son of my grandfather.
we have a property in Andhrapradesh on both my grand parents name, my grand father passed away few years back.
this property is in court for some loan related issues with some bank for almost 12 years.
Loan is on my grandmothers name but she wrote to court that my father will take care of all the activities.
my father used to take care of all the court hearings and spent money and time for this 12 years. my father decided to pay the bank that money and want to sell this house now.
my father has three sisters but they never helped my father all these years but they are showing intrest on the propery.
does they have any such rights to claim the property. and if they claim how much percentage they get if the house is on sale.
can you please suggest any idea, if my father or me can get the whole property on our name as my aunts never helped us.
Thanks
Bhargav
1 Answer from Attorneys
29.05.2014
Dear Sir / Madam,
Your grandmother has to register a Gift Deed of the property to your father. If she writes up her Will of the property in the name of your father, your father will have to Probate the Will at which your aunties can contest the Will. So a Gift Deed by your grandmother of the property either in your father's name or in your name seems the best option.
Regards,
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