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UHi, I needed a learned legal opinion on the situation I am in currently. I am willing to pay for further services but just wanted a well-rounded opinion to start with on this issue.
This is property-related and I will try to explain the issue below in a few bullet points.
* We have a house in Southern Maharashtra which was bought and renovated by my uncle in 1981. He put the name of my father as well on all the documents out of goodwill (as per him).
* We shifted to Mumbai in 2014 and never really went back since my father was not keeping well. He passed away in 2021 and the house was the least of my concerns. I had no background regarding who bought it for what, I was just told the legal situation was complex. I was busy with my life and did not really think much of the property since I had nothing to gain from it. I did not even transfer it to my name.
* The house gradually got dilapidated. The neighbors complained that the structure is now dangerous and needs demolition. I called my uncle and we demolished it via some contractor.
* Now he is saying he will issue me a notice that he lost valuable property due to my negligence. He spent a lot of time constructing this and should be compensated.
* He had asked me to gift deed my share of the house to him so that he could construct a house there and there wouldn’t be any legal issues further. I am more than happy to do it and have already started a process with a lawyer to clear a title.
* **Now he has issued me a legal notice. He is accusing us of negligence and stating that due to our negligence, the house collapsed.**
* **He is also accusing me of selling the debris and old stuff while demolishing the property. He mentions that he got this information from some source. As a matter of fact, I paid the contractor to demolish it because I did not want to gain anything out of it and just wanted some peace of mind.**
* **He is asking for a compensation of 50 lakhs.**
* I am almost done with the name transfer and will be soon executing the relinquishment deed.
* Over these many years, my uncle was aware of the house’s condition but never once tried to contact us.
* How worried I should be about this? My mother is very tense due to all this.Please offer your valuable opinion. TIA!
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PSomeone is feeding this uncle of yours. I suggest you meet him through a common relative as a mediator and set the records straight with him about your good intentions wrt to the family and also that you’ve not gained anything out of the debris sale.
If that doesn’t work out, then seek a lawyer to respond to his allegations through proper channel (which you must do any which ways requesting him to withdraw his notice in writing).
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UThanks for your reply sir!
He is not ready to listen. Also, he never kept any relations with us for the past 10-15 years. He is very well to do, we were not. Now I am doing alright by God’s grace.
Yes, I have asked a lawyer to reply to this. Also, I will be executing the Relinquishment deed in a month or so.
The thing that bothers me is the amount. Also, what if he denies the Relinquishment deed and decides to go to court? Very slim chances but I am trying to get as much info as I can.
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VFamily members usually try to take over properties in such fashion.
You must check the title of the property.
If it’s clear and in your father name. Then apply for a succession certificate and get the property transferred to your name.
If you don’t want to keep the property dispose it.
But do not give in or give up.
This property could support your mother retirement.
And that debris selling piece is bullshit.
Ask the uncle to buy the property from you as per market rate or else ask him to FO.
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UThanks for the reply. The title might have some issues (I do not have particulars), but my family’s name is on the 7/12 and property card for the last 40+ years.
The amount he is asking kinda unsettled me. Do you see any basis in his argument in case the matter goes to court?
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VIf the house is not solely owned by you/your family then the obligation to maintain it cannot solely be yours.
Also, what is he actually claiming compensation from?
You may need to share his notice for me to comment further.
But on the face of it. It just seems like a pressure tactic.
Figure the title of the property first and ascertain who actually owns it on paper.
Any real estate lawyer can help you get this clarity.
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UIt’s owned by us. By us meaning my father (late) and him. 50-50. My father passed away and now his share got transferred to me and my mom.
He is claiming that we were staying there so onus was on us to maintain the property. It is due to our negligence, the house has to be demolished.-
VSo he is not only is asking you to transfer your share to him via. A gift deed but also wants money to build the house.
There is no legal basis for his claim. He was equally responsible to maintain that house.
If your father wished for his property to go back to his brother. Transfer it.
If not I don’t think you need to relinquish your rights or pay compensation.
Let him go to court and get an order only then act upon it.
He should be aware that without your NOC he can’t really do anything with the property.
And if he wants he should buy off your share.
Don’t cave in to the pressure tactics. And if he has already sent a notice it means that the relationship has already turned sour.
Consult a local property lawyer and strategise your next move accordingly.
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UThanks.
One point here. He is asking to give up the claim orally, not in the notice. In the notice he is asking for 50 lakhs as a compensation for the damage. He has not mentioned about relinquishing the rights in the notice.
Also, for the court order to come, we will have to fight it out in the court right?
I don’t think that will be in the near future considering the state of our civil courts. Please correct me if I am wrong.-
VYou mentioned about the relinquishment deed and being okay to transfer.
For compensation let him prove how he arrived at 50 l figure, how only your and your family was responsible for to maintain it and how come there is no obligation on him if he is the part owner.
If you are not interested in maintaining or owning the property and if he is willing to spend money to construct it then you may consider relinquishing your rights but all this depends on your family dynamics and if you want to maintain relationship with such person or not.
Avoid litigation as it it takes alot of time and energy but 50l is worth litigating for.
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UYes. I don’t mind relinquishing but he has not mentioned this in the notice.
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We are better off without him tbvh. I have made a good life for myself and happy wherever I am, hence for my peace of mind, I don’t mind taking the L and giving him the property.
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What baffles me is the amount and how he expected only us (that too after my father) to take care of the property.
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He is currently 70 years old. I reckon it would be harder on him, than me. But I don’t want to stretch it this long. That property, as is, values around 40-45L and in the prime area. If developed properly, could get one more than a crore. I guess he should be happy to take my share as a “compensation”.
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Also one innocuous question. If at all it goes to litigation, I can travel abroad right? I am okay to pay lawyer fees and appear in court if it is like once or twice a year.
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Sorry for amateur questions.-
VYa ya. You could travel. It’s a civil suit. Not a criminal one.
See I feel he wouldn’t have the money to re construct the house. So your share of property wouldn’t help him.
Also, asking 50l for part owner for a property worth 45-50 l is just pushing his luck.
Here are some options you could consider.
1. Transfer the property and give no compensation.
2. Transfer and give some nominal compensation.
3. You buy out his share. The. You can choose to construct or keep it vacant as you deem fit.
4. You’ll dispose of the land and split the earnings.He is 70 so he wouldn’t want to get into litigation. And it’s advisable not to litigate if it could be resolved.
Find an amicable solution. Involve an impartial lawyer or family member.
Hope this helps
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