Pro
kumar
(Querist) 29 August 2017
This query is : Resolved
Dear sir,
We have a residential property (house) in Bangalore registered under my father’s name which he received through a will from my grandmother. The grandmother has declared in will that she has two kids both are males
1. My uncle
2. My father
My uncle has 2 male and 3 females and my father has 1 male child and 3 female children.
Now both the brothers have accepted the will and got their respective property registered in sub registrar office in Bangalore in 2004.
Now recently.
Problem
My uncle and his children’s have secretly sold one more property of my grand mother which was there in a village outskirts of Bangalore “ STATING THAT MY UNCLE IS THE ONLY SON .”THIS PROPERTY OF GRAND MOTHER WAS NOT MENTIONED IN WILL BECAUSE SHE EXPECTED MY UNCLE TO SELL AND DISTRIBUTE IT TO SIX SISTERS(3UNCLES DAUGHTERS AND 3 MY FATHERS DAUGHTERS)
HISTORY (1930): My grandfather had two wives
1. Wife 1 (my father’s mother)
2. Wife 2 (my uncles mother)
Now , Wife 1 (my father’s mother) passed away when my dad was very young (less than a year) later he was taken care by my uncles mother and she never differentiated between them and divided THE PROPERTY ALSO properly. ALTHOUGH, was actually earned by MY father and uncle out of respect it was registered (1960) under my uncles mother name which she showed it as self earned property.
WHAT I WANT TO KNOW THE LEGAL STAND.
1. MY UNCLE NOW SAYING THAT HE AND ALL HIS CHILDRENS WILL PUT CASE AGAINST MYFATHER TO RETURN THE PROPERTY. ( WILL COPY STATES THAT SHE HAS TWO KIDS AND WHICH MY UNCLE AND MY FATHER HAS ACCEPTED IT AND GOT IT REGISTERED UNDER THEIRE NAME ) – CAN THEY DO LIKE THAT WILL IT STAND IN COURT.
2. IS MY FATHER ELIGIBLE FOR PROPERTY - my UNCLES mother PROPERTY which was there in a village outskirts of Bangalore AS SHE HAS DECLARED IN HER WILL THAT SHE HAS TWO KIDS AND ALSO IN AFFIDAVIT SWORN BEFORE JUSTICE . WE WOULD HAVE HAPPILY GIVEN NOC FOR SELLING THE PROPERTY – GOD TILL TODAY HAS KPT US HAPPILLY ONLY .
3. CONSTANT TORTURE OF MY UNCLE REGARDING MY FATHERS MOTHER (QUESTIONING THE MODESTY OF WOMAN)
Ms.Usha Kapoor
(Expert) 30 August 2017
Whatever house property etc u got of you grandmother's mother's which has alreready been transferred in your fathers name you can enjoy and you uncle's stand is no legally tenable and illegal. you can retain as it is already transferred in your your father's name. But since your step grandmother is still alive it is she who has right, title and interest in the property mentioned by you in city outskirts not mentioned in the original will she has to file suit against her son for setting aside the sale as he suppressed material facts and sold the property secretly by suppressing material facts to a seller. If she wants to get the Bangalore city outskirts property distributed to he six grand DAUGHTERS THROUGH YOUR UNCLE HE SUPPRESSED MATERIAL FACTS that HE Is THE ONLY SON OF YOUR step grandmother AND DISPOSED OF The PROPERTY. she HAS TO FILE A SUIT AGAINST HER SON JOINING THE SELLER ALSO AS A PARTY TO THE SUIT. SHE HAS LOCUS STANDI TO FILE THE SUIT. TO GIVE EFFECT TO HER WISH OF DISTRIBUTING PROPERTIES TO HER GRAND DAUGHTERS. YOUR UNCLE CANT INTERFERE WITH THE HOUSE PROPERTY WHICH STANDS TRANSFERRED IN YOU FATHER'S NAME/.. There is no QUESTION OF YOUR UNCLE TAKING BACK THAT HOUSE PROPERTY FROM YOUR FATHER.
R.K Nanda
(Expert) 30 August 2017
ur query is complicated and thus contact local lawyer.
P. Venu
(Expert) 30 August 2017
From the facts stated, the property has been standing in the name of your father stepmother. Being the stepson, he is not the legal heir, and have no share in her intestate property. However, the property that has been bequeathed, belongs to him. The recitals in the Will, as stated, cannot render it invalid.
Rajendra K Goyal
(Expert) 30 August 2017
Whether in will it was declared that all her property is to be divided in accordance of the will. If so, the sold property by uncle is also included and your father have share in the property. He can file case for declaration and partition.
Rajendra K Goyal
(Expert) 30 August 2017
Repeated at:
http://www.lawyersclubindia.com/experts/Property-problems-653301.asp
