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Mahesh Agarwal (Associate)     14 July 2011

Grandfather's Property

Sir, this is in regards to the family property problem which I and My Family is facing. The case is Sir, my Grandfather was having various properties. One of them is a Godown. At the time when my grandfather was alive he distributed the assets between his two sons. My Father wanted the Godown for his business so he took it. The will was being made. My Father used to love Grandfather a lot and so he said that Please don make the will in my Name, as my Father is alive so write in the bill that till he is alive he is the owner and after his death my father will be the owner. Things were settled. My Uncle after taking his share saw that the Godown is still in the name of Grandpa so he started filling his mind with wrong things about us. And in turn my Grandfather after coming in his words changed the will for Godown making my Uncle's son the owner in the will. Hearing this my Father got into depression and expired in hyper tension. My mother pleaded my uncle a lot that the Godown was the property of my Father and the children are small so please do justice.My father expired in 2004. He did not listen to anything and things went on the same way. In the year 2009 my Uncle Son also expired. But the will remained in his name.My uncle is not having any other son. He has two daughters and both are married. Last year i.e 2010 my Grandfather also expired. And now my Uncle is claiming that godown saying that it is his property and he is the owner of it.
Sir, from the past 15 years my family has been looking after the Godown. We have been paying the Municipal taxes and every other charges that are coming. The Municipal Tax bill is still in my Grandfather name and have been paying it. The godown is on Rent from 15 years and we are only taking the rent from the person.
Sir, please tell me a way out so that I can get what belonged to my Father( as I don't want his death to get waste) and Sir, even my Mom seeing all this is getting tensed day by day. last month she was hospitalized also as she took tension and pressure went too high. I need a solution to this problem. It will be a great great help if you can show me a way out.



Learning

 1 Replies

Doveson (advocate)     15 July 2011

Its now difficult. Why u didn't try to settle the issues with ur grandfather even after ur father's death? U will have to allege fraud and forgery against ur uncle to get some relief. Though u r paying all the outgoings, u r enjoying the rent of the godown also. So u cant claim on that basis. U have to allege that ur uncle has forged the relevant documents.

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