hi, my My father is deceased and my mother is staying in the house in Varanasi and now we (my brother ,me and my mom ) want to sell the house .. the land is in the name of my father ( khatauni in his name ) but the issue is my four uncles live in the same vicinity and when the land was purchased ..it was purchased by all four of them and then it was not mutually setteled and there is a small gallery used by all to get in and out of the house but since our house is in the back we are being told that if we try to sell the property the pathway will be blocked and will not be able to pass through .
my first question is that is it necessary to change the name in khatauni to my mother and brother and me in order to sell the land . i request you to give me some insight of how to move forward .. .my Name is Binoy, brother is vibhav mishra and we both have no problems in selling the property and i am providing my no and my email ID since i am out of country i have the following documents
1 KHATAUNI having all the four uncles name
2 ELECTRICITY BILL.. in my moms and gathers name
3 true copy pariwar register
4 fathers death certificate
5 gas connection bill mom and fathers name
A.First you change the Land Revenue details by providing your father's heir certificate.
secondly You can file a suit against them when they block the pathway.
A.Hi,
As co-owners of the property, your uncles have rights of access to it. You can try and determine how much of your share can be sold without injuring their rights by attempting negotiation or mediation. If this is unsuccessful, you can file a partition suit.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
The best thing to do is to file for a partition suit and have a Court determine whether the sale can go forward. As your uncles are also co-owners, they have a right to access their shares of the property.
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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