Legal Question in Real Estate Law in India
we have property which belongs to my grandma who has 1 male heir and 2female heirs. my grandmom expired on 1985 leaving unregistered "Will" stating that the property with home completely belongs to her only son(my father) and no rights for her daughters(my aunt) whereas the WILL doesnot have my Aunt's signature.
Meanwhile, past year my father made settlement deed to my mother due to his illness handedover full rights to my mom by using that WILL
My mom is second wife to my father. we have one step brother broughtup with us only.totally we are three(one step brother, my own brother and myself)
we have totally 5000 sqft out of which we have planned to sell 3000 sqft to promoter and going to settle share for my 2aunts,my fathers share and my stepbrother's share in the form of money.they are going to share the whole amount among themselves.
Myself and my brother is going to retain the remaining share of 2000 sqft,1000 sqft land to each.
Now pls reply for my following queries
1)what is the deed we should make to the land promoter for the part of land which we have decided to sell him?A)SALE DEED OR B)POWER TO BE GIVEN?
2) Who are the persons to provide power or rights to promoter
(who should sign in the deed-my father, my mom, my 2aunts is enough or my cousins and ourselves need to sign?)
3)whats the procedure for us to get complete rights from my aunts and my step brother for the retaining land? what deed should we make to freed the rights from my aunts and my stepbrother.
4)Is it mandatory for us to get our cousins signature also along with my aunt's signature in our deed?
5)who will keep the mother document, recent settlement deed since we are retaining partial land with us..Builder will keep the mother document, settlement deed or we should keep that.
1 Answer from Attorneys
It may not be proper to resolve such an important issue by this method. You may want to engage a lawyer for preparing appropriate documents in accordance with law.
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