Madhu (Home maker) 05 September 2012

Not taking care of my grand mother

Hi Everyone,

My grandparents have 25 cents property in our village. They have 6 children 2 boys and 4 girls. One of my uncle expired in 1991 after marriage. My grandfather expired in 1992. My grandmother lived alone until 2000 in the property and later she came to vizag to live with us and since then she is with us. My uncle never took care of her. My grandmother now wants to share the property among all her kids. She does not have any documents or information about the property. My uncle said he sold 16 cents in 2012 and 8 cents are remaining. When we asked him to deposit 5 lakhs on my grand mothers name he refuses to do that and also not give the remaining 8 cents to her. My grandfather never wrote any sort of will or registered anything on uncles name. He did some sort of golmaal and when we tried to pull out the encumbrance online we see that my uncle's son he gifted his wife 12 cents and sold 4 cents to a person within the family. Now we are not sure how the property went to my uncle sons name. Can we ever prove that he got the land doing fraud. He always threatened the sisters saying he will not take care of my granny but now they are fed up listening to him and want to file a case. What is the procedure and how can we know how they got the land. Trying to get the encumbrance but to vain.

Plz appreciate any replays ASAP.

thanks in advance

Madhu

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2 Replies

Anish Thakur 7018812737 (advocate) 05 September 2012

respected querist,

if your grandfather had died without making any will then the property will equally divide between his sons and daughters and wife ,as per your query he had 6 children ,2 sons and 4 daughters ,so there will be 7 equal parts of the property but if the partition and mutation had taken place before the commencement of succesion amendment act 2005 the daughters will not get any share and the property will divide equally between 2 sons and wife total in equal 3 shares depending upon if daughetrs have reliquish their right over the property or not.your uncle can not sale any property without taking the consent of co sharers and even his share before partition and if he had done so might he had commited fraud somewhere and the sale and gift of that property is not valid as per law if he had not taken the consent of the co sharers or done partion of his share. he had right to sale or gift the property which is in his share or name only and that too after the proper partion taken place.you only have to file a suit for partion and possesion.feel free to call .

Madhu (Home maker) 05 September 2012

Thank you so much for your promt reply. We just came to know from the encumberance that my uncle created WILL document just 6 days before my grandfather died with witness as himself and my grandmother on his sons name. Not sure how he did it but we know it's fake. Could you please suggest me what further steps can we take to prove he did fraud and also is it possible to get a copy of the will from the registered office and bring him to justice. Would really appreciate any help.