Juliana Burbidge
Asked December 28, 2016

Property- Legal questions

  • 1 Answer
  • 335 Views

I am staying in the flat. The promoter says in future if my uncles family claims for the flat then the promoter can get into problem. He wants an authority letter from my uncles family a NOC. How can this happen because from the past 8 years my uncle is staying with me and we don't have any contact with his family neither did my uncle kept in touch with them. The flat is in both our names my uncle and mine.Most of the amount was paid by me and a small sum by my uncle. But since i used to treat him just like my father so i allowed his name to put first then mine. Every thing i have invested for this flat and except for this flat i don't have any other place to go with my children and my widow mother. Please help and thank you for answering my previous question.

Answer 1

Hi,

In the above Case, don’t need to worry about the name that is registered first as your uncle.

Since the property is registered with the two names which mean that the property is owned by

two owners and both of them will be called as co-owner which is given under Section 44 of

Transfer of property Act. Since your Uncle name is written first, it hardly makes a difference as

the uncle is entitled to claim only his share of property that is there in share certificate and in

case if the share is not mentioned specifically then the share would be treated equally.

So basically uncle can claim his part of the share in the Flat and in the case of any dispute you

have every right to knock the doors of the court under Civil Procedure Code.

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

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