Legal Question in Real Estate Law in India

My Father are Four Brother and a Sister.His Sister is Married and his elder brother is live separately from the year 1985 in Kolkata after taking his share from my Grandfather..My Father made a House in the year 1987 in Kolkata and register the house in the name of his Mother and Now in this house my Mother and I live with my two Uncle and his Family.Now My Grand Parents and my Father is no more.Now We wants to Transfer the Property in Our(My Mother and Two Uncle) Name and My Elder Uncle who live seperatly from long time already assured us that he will not claim his share in this house property and My Father's sister is also saying the same thing and they Decided to gift there Share into our (3 Person)name. So Discuss this Issue with One of My Friend (Law Student Practicing Law now) he is advising me for to do a Affidavit that this Property has 5 Legal hair and after that my Elder Uncle and his Sister will sign the Gift Deed and it will be the best way.but other friends are saying it is not the best way and in future we will may fall in treble by Elder uncle's Family.Please tell me what I do now and what is the best thing I should Do in this Issue.


Asked on 6/27/12, 1:16 am

2 Answers from Attorneys
Global Legist Advocate & Legal Consultants

Hello,

As the property is name of your grand mother and we presume that she deceased without Will, the property has devolved upon all legal heirs.

If, your Elder Uncle has already received his share, then make him sign affidavit stating so.

Keep all Documentary evidence with you that when n where movable and non movable property was taken by him.

Also make a no-objection letter from your uncle that neither he (his legal heirs) have any objection on distribution of property excluding him nor he will raise this in future. (Attested)

Register you Aunts Gift Deed and also get no-objection letter (attested).

With Regards

Global Legist

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Read more
Answered on 6/27/12, 4:21 am
Shrichand Nahar S.V.Nahar, Advocate

Consider some registered instrument like gift, release etc.

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Answered on 7/19/12, 2:12 am


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