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Posco John (Service Delivery Manager)     27 March 2012

Property dispute between siblings

On behalf of my mother

My grandpa had 2 houses. He passed away 5 years back. My grandma is alive but however my uncle (mom's brother) has sold one of the houses without our consent although I think my mother has a stake on that property. We did not want to dirty ourselves in this but when my uncle stopped helping his mother and did not give her any share from the house that was sold she complained to us as we live in a different city without any contact. Now we want her to have the rightful share of the property and not conned by her own son. My mother wants to stake claim on the property to teach my uncle a lesson. 80% of the payment of the house that has been sold is done. Can we still get a stay order on it? Also is my mother in a position to stake her claim on the other house which is still in my grandpa's name. Once in our name we want to give it to my grandma so that she can lead a peaceful life till her death.

My uncle has sold the property to the buyer as if my grandma is selling it although he has been harrassing her and taking all the money back. Being in Mumbai my uncle gives her 500 rupees every month to survive. He has spent the 1 lac my grandpa had left for her. He has sold all her jewellery and has left her with nothing. I feel sorry about my grandma and want to get her some justice which she is looking for now.

The property is still in my grandpa's name and not in anyone else's name. How and what should we do? What are our chances of winning this one. Can someone take this case up in this forum?



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 March 2012

under the general succession act your mother has to file a suit for partition and seperate possession of her share against her brother.

Posco John (Service Delivery Manager)     27 March 2012

Thanks for your reply Mr. Rajeev. Can this be done even without having any proof on my side in terms of documents that my grandpa owned the house? Also one of the houses is almost sold already. Will my mother still get a share out of that house?


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