Newpass123** 21 January 2017

Illegal possession of my property

I would like to seek some advice on following queries?

My house is built on 2100 SQFT and registered on my wife name, Land was purchased in 2007 where I paid all expenses but at that time I was having a combined family where my brother and my uncle (my late father's brother) were staying with me.My wife wrote a WILL for all of us (1/3 each) while this purchased was made and WILL got registered. Now (Sep 2016) sneakily my uncle influenced my grand father (90 Years) and got entire parental property nominated to his wife. I have challenged this into court but not sure which way this will be headed to.

Now I would like to get my uncle to be kicked off from my house,I approached to Police and they made us agreed to reach on agreement where I am ready to pay 1/3 price of the house and he (uncle) will vacate the house. I am an IT professional and working far from my home town (Gorakhpur),both parties were ready to execute this agreement by March 17 when I was supposed to visit my native place. Meanwhile I heard another development where my uncle went to District judge senior division and file a civil suit against me.

Please let me know if there would be any impact of WILL which is still I have not changed and that’s something he is showing in the court, I heard that as long as person who registered the WILL is alive ,can change many times.

Since WILL is still not revoked, would it give any edge in this case to my uncle? Currently he is in possession of half of property. He has also got electric Bill on his name by bribing to electricity department.

Please let me know what are the options left for me to get him vacated from my property?

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8 Replies

Kumar Doab (FIN) 21 January 2017

The query may be redrafted so as to convey a clear message.

The owner of house i.e. your wife registered WILL in whose names (3 names)?

Is this the grand father (90 Years) entire parental property different from house?

What is this nomination in name of uncle's wife? Is it by sale/gift etc?

What cases are filed by you or by uncle?

Newpass123** 21 January 2017

There are two kinds of properties here, 1) located in the City which is registered with my wife name

2)Parental propery in my village.

The owner of house i.e. your wife registered WILL in whose names (3 names)?

Owner of the house is my wife and she made registered WILL in names of myself,my younger brother and uncle,

Is this the grand father (90 Years) entire parental property different from house?

Yes,This property is entirely constructed by me with my source of income

What is this nomination in name of uncle's wife? Is it by sale/gift etc?

My grandfather made registry in name of my uncle's wife of parental property via gift

What cases are filed by you or by uncle?

My uncle has filed a civil case claiming 1/2 of property which is registered in my wife name in the city,Right now he is in illegal possesion of this half of property as he entered in this house while I was not in country.

Right now what all documents he has,

1)WILL which was created by my wife

2)Electricity Bill which he has got by bribing to electricity department

Thanks

Sanjay

Kumar Doab (FIN) 21 January 2017

>>> Property owned by Wife: The WILL operates after death of testator (your wife in this case). So the beneficiary (you, your brother, uncle) is not owner during life time of testator (your wife in this case).

A WILL can be changes as many times, and last WILL (valid) made before death is valid WILL.

The registered WILL can be cancelled, and she can do so before the same registrar.

The registered WILL can be rectified /changed.

Electricity bill does not confer any ownership.

>>> Property of Grandfather: What exactly do you mean by Parental Property?

Is it: self acquired/ancestral?

Is this Gift deed registered?

Do you have irrefutable evidence of your money gone into construction?

If yes; pursue with grandfather to refund it from proceeds of sale.

It is rather easy.

If both donor and donee are willing then both can appear and cancell the gift deed.

If Gift was obtained under coercion,fraud court alone can revoke it.

Kumar Doab (FIN) 21 January 2017

Since the matter is in court, contest it on merits.

Your counsel that has examined all docs and inputs on record can advise you the best

Your counsel may opine to evict the illegal trespasser (your uncle) and/or also claim mense profits.

Newpass123** 21 January 2017

Thanks a lot for valuable information and advice.

I would also like to know if I can file a forgery/420 and a harassment case as its affecting my day to day job?

I have been out of country along with my wife since a couple of years and my uncle took illegal possession in my absence while we were out of India, Shall I use this as an evidence before court?

Thanks