Legal Question in Real Estate Law in India

Respected Sir,

We are four sisters, 2 are married and 2 unmarried. My father is retired from last 20 years. My dad is heart patient and has diabetes. My mother is a housewife. My mom suffers from low BP. And so we are having financial crisis. We live in Mumbai and our native place is Navasari (Gujarat). I need some advice for my grandfather�s property which is in Gujarat.

My 2 uncles are no more, and their sons are not willing to give my father part of the property because we don�t have brother. My uncle�s family stays at navasari. My dad used to send all the money for the work related to the house by cash (Water connection, drainage line, making compound, repairs, all types of taxes, etc). We just used to send cash for all bills and so we don�t have any proof and documents related to property.

Now we are planning to sell the property with all family member�s concern because we are having financial crisis. They are having all the property documents and they are not interested to show and share these documents. Whenever we ask for documents, they neglect us, so please give advice how we get all documents legally has we don�t want to spoil the relations and we don�t have money to file case against them. We all girls are standing on behalf of my father because he can�t travel because of his age (75 years)

SIR, PLEASE GIVE ME SUGGESTIONS TO HELP MY PAPA AND ALSO BY MAINTAINING RELATIONS WITH MY COUSINS.

Thanking you in advance.


Asked on 3/02/13, 2:18 am

3 Answers from Attorneys
uttam Tibrewal

Dear...

If you need share in ur grandfathers property then ur father have to file a partition suit and claim for his share in the said property.... thats the only solution ..if you find any further difficulty you can mail me at [email protected]

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Answered on 3/02/13, 2:32 am
Jayesh Desai Jayesh Desai

You can't have your cake and eat it too.

If you want share you will have to fight. You will need a local lawyer to assist you, you need to take search with Registrar's office or local Talati's office, obtain 7/12 extract; form 6 - 6A and obtain all 'Utara' i.e. Record of Rights related to your Grandfathers' land; based on these documents you shall be able to fight a suit, and seek partition.

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Answered on 3/02/13, 9:27 am
Shrichand Nahar S.V.Nahar, Advocate

Certified copies of property documents are available from different govt offices like Talathi, Tehsildar, Collector, Sub-Registrar etc. Anybody can obtain these copies.

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Answered on 10/06/13, 11:23 pm


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