Execute of registered will
7 months ago
My father had self acquired two builder floors in delhi out of which I have possession of one which is on rent and the brother is living in the other one. I have got the floors on the base of registered will and done mutation also and electricity bill name change also. Now how can we get the possession of other floor in which brother is staying? And document regarding ownership proof of the floor which we have possession to sell as not getting loan from bank on behalf of registered will?
A.Dear Client,
Here are some steps and considerations for your situation:
Consult with a Property Lawyer: Seek legal advice from a property lawyer who specializes in real estate matters. They can guide you through the legal process, ensure that your rights are protected, and help you understand the options available to you.
Review the Registered Will: Carefully review the registered will that granted you possession of one of the builder floors. Ensure that the terms and conditions outlined in the will are clear and legally enforceable. If there are any ambiguities, your lawyer can help clarify them.
Possession of the Other Floor: If you wish to gain possession of the other floor where your brother is living, you may need to follow legal procedures, such as serving a notice of eviction or initiating legal proceedings if your brother is not willing to vacate voluntarily. Laws related to eviction and property rights can vary by jurisdiction, so your lawyer can guide you on the specific process to follow.
Title Deeds and Ownership Proof: To establish ownership and proof of title for the floor you currently possess and intend to sell, you should have all relevant documents in order. This may include the registered will, mutation records, property tax receipts, and any other documents that demonstrate your ownership.
Property Sale: If you wish to sell the builder floor you currently possess, work with a real estate agent or a property consultant to market the property. Ensure that all documentation related to the sale is in order, and follow the legal requirements for property transactions in your jurisdiction.
Loan for the Sale: To facilitate the sale and potentially secure a loan from a bank, you will need to provide clear and legally valid documentation of your ownership of the property. Banks typically require a clear title and documents that demonstrate your legal right to sell the property.
Settlement Agreement (if applicable): If there are disputes or disagreements among family members regarding property ownership or possession, you may consider entering into a settlement agreement that outlines the terms of resolution. Such an agreement should be drafted with the assistance of legal counsel.
Mediation or Arbitration (if necessary): If disputes persist, you may explore mediation or arbitration as alternative methods for resolving family disputes related to property. These methods can be less adversarial than going to court.
It's crucial to proceed in accordance with the laws and regulations governing property transactions and ownership in your jurisdiction.
Thank you.
Here are some steps and considerations for your situation:
Consult with a Property Lawyer: Seek legal advice from a property lawyer who specializes in real estate matters. They can guide you through the legal process, ensure that your rights are protected, and help you understand the options available to you.
Review the Registered Will: Carefully review the registered will that granted you possession of one of the builder floors. Ensure that the terms and conditions outlined in the will are clear and legally enforceable. If there are any ambiguities, your lawyer can help clarify them.
Possession of the Other Floor: If you wish to gain possession of the other floor where your brother is living, you may need to follow legal procedures, such as serving a notice of eviction or initiating legal proceedings if your brother is not willing to vacate voluntarily. Laws related to eviction and property rights can vary by jurisdiction, so your lawyer can guide you on the specific process to follow.
Title Deeds and Ownership Proof: To establish ownership and proof of title for the floor you currently possess and intend to sell, you should have all relevant documents in order. This may include the registered will, mutation records, property tax receipts, and any other documents that demonstrate your ownership.
Property Sale: If you wish to sell the builder floor you currently possess, work with a real estate agent or a property consultant to market the property. Ensure that all documentation related to the sale is in order, and follow the legal requirements for property transactions in your jurisdiction.
Loan for the Sale: To facilitate the sale and potentially secure a loan from a bank, you will need to provide clear and legally valid documentation of your ownership of the property. Banks typically require a clear title and documents that demonstrate your legal right to sell the property.
Settlement Agreement (if applicable): If there are disputes or disagreements among family members regarding property ownership or possession, you may consider entering into a settlement agreement that outlines the terms of resolution. Such an agreement should be drafted with the assistance of legal counsel.
Mediation or Arbitration (if necessary): If disputes persist, you may explore mediation or arbitration as alternative methods for resolving family disputes related to property. These methods can be less adversarial than going to court.
It's crucial to proceed in accordance with the laws and regulations governing property transactions and ownership in your jurisdiction.
Thank you.
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A.Dear Client,
If you are entitled to own both floors of the building through a registered Will of your deceased father, then for getting possession of the first floor which is occupied by your brother, you may ask your brother to vacate the first floor, if required, even by serving a legal notice. If your approach or legal notice does not work, then file a civil suit against your brother for recovery of possession of the first floor of the building. Section 5 of the Specific Relief Act, 1963 states that a suit for recovery possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure,1908. In a suit for recovery of possession based on title, it is for the plaintiff to prove his/her title and satisfy the court that he/she is legally entitled to dispossess the defendant from his possession over the suit property and for the possession to be restored to him/her. Under the Art. 64, the limitation starts from the date of dispossession and the onus is upon the plaintiff to prove that he/she was dispossessed within a period of 12 years from the date of commencement of the suit for recovery of possession. Reach out to an Advocate for guidance and steps.
If you are entitled to own both floors of the building through a registered Will of your deceased father, then for getting possession of the first floor which is occupied by your brother, you may ask your brother to vacate the first floor, if required, even by serving a legal notice. If your approach or legal notice does not work, then file a civil suit against your brother for recovery of possession of the first floor of the building. Section 5 of the Specific Relief Act, 1963 states that a suit for recovery possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure,1908. In a suit for recovery of possession based on title, it is for the plaintiff to prove his/her title and satisfy the court that he/she is legally entitled to dispossess the defendant from his possession over the suit property and for the possession to be restored to him/her. Under the Art. 64, the limitation starts from the date of dispossession and the onus is upon the plaintiff to prove that he/she was dispossessed within a period of 12 years from the date of commencement of the suit for recovery of possession. Reach out to an Advocate for guidance and steps.
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A.Dear Sir,
If you got both the floors under the Will legally then you have to get issue a legal notice and if necessary file a suit for recovery of possession.
If you got both the floors under the Will legally then you have to get issue a legal notice and if necessary file a suit for recovery of possession.
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