Issue 1
We are Hindu by religion. The dispute is regarding an ancestral property on my mother’s side. I have four uncles in total and my mother being the only daughter. My grandmother is still alive. My Grandfather, before he died, transferred the ancestral house in the name of his eldest two sons. The eldest of these two however, forced the other to sign over his half and gave him Rs.20, 000 to do so. Therefore, the house is now solely in the name of one eldest uncle. All five of the siblings are married, but two of my uncles; the eldest and youngest remain in the ancestral house till date with their families as does my grandmother.
When my grandfather transferred the property to my eldest uncle, there was only one floor to the house. My youngest uncle was not married at this time and therefore lived in this house with my grandmother, eldest uncle and his wife and 4 children. When my youngest uncle became successful in his career, he created two more floors to the house with his own earnings so that they could all live comfortably. After my youngest uncle got married, a dispute led to a split between the uncles and resulted in the eldest uncle living upstairs and the youngest living downstairs with my grandmother.
My eldest uncle is currently in the process of building a new house for himself and his family. He is also however, demanding that my youngest uncle move out of the ancestral house with his family and my elderly grandmother as he wishes to sell it. None of the other siblings or my grandmother wishes for the ancestral house to be sold. My grandmother wishes that the house be divided equally between all her children. My youngest uncle also wishes for this.
1. Is it possible for the house to be divided between all the siblings as per my grandmother’s wish even though it is in one sibling’s name?
2. As my youngest uncle made the top two floors of the house with his own money, does he have a right to claim for the value of the top two floors?
3. Does my grandmother have a right over my eldest uncle even though the house is in his name as she is the surviving spouse of my grandfather and she also contributed financially to purchasing the house.
Issue 2
My youngest uncle opened a tile and building accessories shop in his name and bought two warehouses to start a business with his middle brother which did not work out, therefore, the eldest brother forced the youngest brother to hand over the business to his three sons. They are still currently trading and have never paid any rent but have kept all the profits. It has It has subsequently come to our attention that the three sons have changed the ownership of the shop from my youngest uncle and transferred it in their own name. This has been done without the consent or signature of my youngest uncle. They have also taken out a loan against the shop.
1. We consider that act of transferring without consent as fraud. What we can we do about this?
2. My uncle would like to seek possession of the shop and warehouses. How do we seek a possession order?
Issue 3
The eldest uncle forced the youngest uncle to sign a letter under duress in which he has handwritten that all properties belonging to my youngest uncle would be transferred to him. My youngest uncle did not read what he was forced to sign. The people who witnessed the signature are not independent witnesses, as one is the eldest uncle himself and the others are his accomplices. All the witnesses were not in the room at the time of signing.
1. We do not consider this to be valid, but my eldest uncle is using this as a means to force my uncle to hand over his assets as is written in the letter that was hand written by the eldest uncle. Is this document valid?
Issue 4
The eldest uncle and his family are continually harassing and threatening my youngest uncle and demanding that he leaves the house or signs over his assets.
The most recent threat was to leave the house within 24 hours with my 90 year old grandmother.
They are also trying to involve other villagers to force my uncle to hand over his assets. We consider this bullying tactics.
As a result of this threatening behaviour over the years, this has resulted in deterioration in my youngest uncle’s health.
1. Can we take out an injunction to stop this bullying behaviour by my eldest uncle and his family?
