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Anonymous
in Property Law Civil Law
Asked August 21, 2017

ULC act and property related queries

  • 1 Answer
  • 397 Views

I need some clarity in one small plot which I have which may be in the name of my grandfather and granduncle. History : My dad had a joint family with 3 brothers and 4 sisters. They used to have a family business of cloth. Meanwhile they had invested in the plot as an investment purpose (year 1980 ). In the year 1986 they had a loss in business and had many loans to repay in the market. So to repay they sold a house , female jewellery and all liquid funds. Till that time all the sisters were got married . After losses they told the elder brother and my dad (third brother ) to go out and do anything you want , without giving a singe penny. They said we don’t have savings left, so stay in rented house or take help from your wife's parents. The remaining two came to plot purchased in 1980 and started to build building and resale in future becoz the smallest brother did civil engineering in 1984. Both brothers anyhow managed to build by taking loans from relatives and construct it . They kept my grandfather and grandmother with them because the plot was on the name of grandfather. After development they gave 1 flat to each to other two brothers after many requests just to compensate the amount which their wives gave in the form of jewellery. After giving a flat in year 1992 some amount was still left to repay to my dad, but they didn’t paid saying that we don’t have any profits left with us. Later in 1994 they had some undisclosed profits from first project , so they again started another project in nearby area. The building got ready in year 1998. In 2000 my cousin brother had a loss in business of computers and his dad ( 2nd brother ) sold some part of land of the first project in a illegal way and repay money to the market. In the first project , some part of the land was in a dispute for ULC act problem in year 1989. My other two uncles did some case also but the results are not yet known to us. Now the other two uncles are expecting some share in the remaining plot, but the intensions of other two brothers are not good. By asking anything related to plot they are saying that its under ULC act we cant do anything in that and don’t expect anything from this. Simultaneously they are having meeting with other builders who are ready to take as it is condition. When I ask anything related to this, they say to go out and mind your own work. My elder was not financially sound so my other two brothers helped him financially in marriages of their kids. Maybe because the plot is in his name. My Uncle and his two son are not aware about their names on the papers. I have some questions related to this 1. What is the ULC act and what are my rights in the plot. 2. Do I get anything from this becoz I think the sale deed of whole plot is in name of my grandfather and elder uncle. I think My elder uncle is not aware about that his name is there on the sale deed because of frequent depression attacks. 3. What legal action can I take. 4. How to fetch papers like any power of attorney made by my grandfather, any will , original sale deed copy. Because I don’t think my uncles are going to give / show me. 5. Can I take power of attorney from my dad and do the legal process, becoz he is not in the mental state due to depression to fight against them. My dad is not in my support and don’t require any benefit from the remaining land. Papers which are with me are 7/12 copies, 6 hak patra, sale deep copy I took from government office. I am not financially sound, so please suggest the solution which fits in my budget. Thanks

Answer 1

1. ULC is the Urban Land (Ceiling and Regulation) Act, 1976. 2. Your father should likely get a share in the property under succession laws (if you are a Hindu, the Hindu Succession Act, 1956 would be applicable, and your father will get an equal share with his siblings (Section 8)), unless there is a will prepared by the owners of the plot. 3./4. You can request for division of the property as per the Succession Act, and your relatives in possession of the property will have to provide the will in case there is any, if they want to disprove your claim through succession [Order XIII, Civil Procedure Code, 1908 ('CPC')]. You can also ask the Court to direct your relatives to produce the sale deed and other documents you require to ascertain title [Order XI Rule 14, CPC]. 5. There is no bar under law for your taking power of attorney from your father for carrying out the legal process, though your dad has to agree to give you such power of attorney with the intention of instituting the legal process.

 

The best way would then be to go for mediation under the Legal Services Authority of your district. It is both cost-effective and speedy.

Agree Comment 0 Agrees over 3 years ago

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