Legal Question in Civil Litigation in India

I am Bhirawan Devi, 65 years old. I have 2 brothers & 2 sisters. My father before his death gave one shop to me without any gift deed or will. He expired 10 years ago. The shop is still in his name. All original documents of shop are with me. My son is running this shop for the last 10 years.

Now I want to get this shop registered in my name. My 2 sisters and one brother has got no objection for this. My one brother refuse to sign any document in this regard. In this regard I have also paid an agreed consideration amount to my brothers by cheque. But they did not sign any agreement in this regard.

Now advice me how to get this shop registered in my name.

Thanks.


Asked on 7/19/10, 8:08 am

3 Answers from Attorneys
ANURAG TIWARI

You must have paid the consideration after obtaining relinquishment deed.

you need detailed advice. Your problem can be solved. You may contact me for further advice at my office if you are at Delhi.

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Answered on 7/21/10, 3:24 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

Be definite, whether is this a registered firm, or you can pursue at Register of Firms to get this registered, go check the same. OK ?

Thank You,

Kind Regards. Sanjay K. Dixit ,Advocate,

Davangere - 577 002.

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Answered on 7/22/10, 6:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your possession is a strong defence in your favour. Other legal heirs may not succeed in disturbing you. But for transfer of title in your name, you will need a Relinquishment deed to be executed by all other legal heirs in your favour. Without that, you may not be able to get title; however, after a few years, you may file a suit for declaration that you have become owner (by adverse possession) and are in possession and that your possession should not be disturbed by other legal heirs.

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Answered on 7/22/10, 7:28 pm


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