Legal Question in Real Estate Law in India

Dear Lawguru,

During 1980's, my father has built a house in India. He is the eldest brother and he has 6 brothers and 2 sisters.They earlier lived in a village and lived in a damped house.To improve his parents and brothers and sisters lives, he worked abroad. Gradually, he built a house, so that his family have a better lifestyle. But little did he know that this would turn against him.He built the house but he put it under his mother's name.The youngest brother was about 14years old then and was stuydng in school. My father's mother expired and now he wants the house he built to be under his name.My father is now retired and lived in that house for almost 13years.Out of 6 brothers and 2 sisters, 2 of the brothers have not signed the legal document mentioning that the property is solely under my father's name. His brothers who have not signed is demanding which is more than the more of the property. Since my father and mother have been the only member living in that house and since majority have signed the legal document mentioning that its my father's property. Is there any possibility of getting the property 100percent under my father's name . Please can you advise that would relieve my father from this burden.


Asked on 5/08/14, 11:50 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

09.05.2014

Dear Sir / Madam,

If your grandmother has left behind her Will that the property should be transferred in the name of your father after her demise, all you need to do is to obtain a Probate on the Will from the Court for transfer of the title of the house in the name of your father. If your grandmother has not left behind her Will, your father will have to somehow cajole and coax your Uncles to unconditionally consent to the transfer of the title of the house in his name.

Regards,

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Answered on 5/09/14, 12:28 am


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