Hi I am local resident of Indore(M.P.). I need some suggestions\Information regarding the my Grand Father's property. let me explain in detail. My Grandfather (GF) has 7 Sons and 5 Daughters (Total 12). My father comes in 6 position in this list. In past My GF bought 2 Properties(Home) in indore . The registry documents of both this propeties are held by My Uncle (Eldest son.). And In past My all other uncles and aunts (including my father) signed a Power Of attoerny in the name of My Eldest Uncle. That he can sell both property on the behalf all other. Now my question are ,1) Since i don't have any documents of both property. How can i bleam my right for those propertis. 2) After my father , which documents should i have , which indicates that i have right in those properties. 3) If my Eldest uncle son's do some thing wrong, Then how i can put right for those properties. Since I don't have any document. I hope i have tried to explain my problem.
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was it self acquired property of your grand father ?
if it was self acquired properties did your grand father execute gift deed in favour of your uncle?
how was property registered in your uncle name ?
it is better to have deed of partition made inorder to protect interest of all members of family
Thanks Ajay for youe response. please have look 1) was it self acquired property of your grand father ? Yes. 2)if it was self acquired properties did your grand father execute gift deed in favour of your uncle? Don't know exactly. Have to ask my father. 3) how was property registered in your uncle name ? No it is not registerd in the name of my Uncle. It is registered in the name of My Grand father. My Eldest Uncle have Power of atterny on the plain paper. Where My all other uncle and aunts signed on it. indicating that My eldest uncle sell the property on their behalf.
if property is registered in your grand father name all 12 children have equal share in the property .
POA on plain paper is not sufficient . it should be on stamp paper and duly registered .
your uncle cannot sell property on basis of plain paper POA even if all 11 children have signed it .
registered POA is valid till your grand father is alive,if there is will in favour of any other son,then he can have the possesion of it,if not then it will be equally divided among all the legal hiers
Thanks again for you responses. But here my doubt is, if suppose my uncle( or group of uncle) by fraud create Papers in his or their names, without knowing to any other Or to Us. Then in that case what steps Or Document I must have to Claim my share in that property. (Right Now We don't have any paper in term of original and photocopy.) OR In the presences of my father and all other uncle, what document i should prepare by which i can claim my share in that property in future.( Right now my father don't have any document for those property)
if they do it you will have a right to challenge that in court
Another question:- Like as i said , My Grnd Father has 12 childrens( 7 brother and 5 daughter). Suppose if this 7 brothers want sell this both properties in that case , Will the signature of all 5 Daughter will required.?? If yes then How much share will be divided b/w all childrens. Means Daughters will also same share as their brothers.??
yes sign of daughter will be required.every one will get 1/12
Thanks Rajiv. It will help me a lot.
my pleasure
take search in sub registrar office . obtain copy of registered documents for your record regarding property .
ask your father not to sign any document in favour of your uncle
. let your father insist on partition deed be made in respect of property standing in name of grand father . you have no right in respect of self acquired property of your grand father during your father life time .
Has your grand father made any will in respect of the properties which he purchased out of his own funds? What is the power conferred by power of attorney? Is the power limited to sell the properties? A Power of Attorney can be of many kinds. Unless the same is perused it is difficult to say what is the nature of power conferred on your elder uncle.
If the property is registered in the name of your grand father then your grand father alone has the ownership thereof notwithstanding the fact that Power of Attorney to sell the same has been granted by him to one of his sons.
If any document is forged by your uncle by which he usurps the entire property and deprives other heirs of their lawful rights then any one of you may move the court for the cancellation of any deed forged by him.
In order to ascertain whether any such deed has been made by him you require to carry out a title search from the office of local registrar as any such deed will inevitably be registered by him to assume ownership rights.
Since all children of your grand father have an equal share in the property the signatures of every one of them are required unless your grand father makes a will.