Property problems
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)
krishna mohan
(Expert) 30 August 2017
It is not clear you want to claim your share on other property or you want to safeguard the property which is inherited. In any case it is worth consulting a legal expert on property matters in your area with all documents which are being cited by you including the legal heir certificate for right advise as any advise given based on minimal facts without perusal of documents may not serve the purpose.
Yudhish Padman S
(Expert) 30 August 2017
Dear Kumar,
Answer to Q1: They can file a case. But they won't be able to succeed.
Answer to Q2: Though your grandmother treated your father as her own son, your father is technically a step son and in view of Sec.15 of the Hindu Succession Act, 1956, your father is not entitled to any of your grandmother's property situated at the outskirts of a village near Bangalore.
Answer to Q3: Only the woman who's modesty was outraged has the locus standi to lodge a police complaint. In case of her inability, an informer may undertake the task. In your case, all you can do is to get a restraining order against your Uncle and his family members from harassing you.
Regards,
yudhishpadman@gmail.com, Advocate, Chennai.
Rajendra K Goyal
(Expert) 30 August 2017
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Pro-653306.asp
Dr J C Vashista
(Expert) 31 August 2017
It is ridiculous, absurd and stupidity to repeat same query time and again, which is meaningless for the "over smart" author posting same query without thinking that you can not befool and change the perception of experts.
If you are not satisfied with the reply of experts, which they have provided FREE OF COST to you but at the cost of their (experts) time, efforts, intellectual proprietary and money, you should have consulted a local professional lawyer.
I do not expect any reply from author.
kumar
(Querist) 31 August 2017
Thank you for your sincere reply . It was great help for me. let me clarify i have not riposted anything again and again i did it only on 29th august . 1st time when i did it was no quierries in i got a reply and therefore did for second time and it was within 5 to 6 min (if i remember corectly) after the 1st one again i got same reply and then i just quit out of the website . later i received mail regarding my enqiry and i am happy about it . if this has created problem i sincerely apologize for the same and again i also believe time is precious so more client could be attended.
kumar
(Querist) 31 August 2017
Thank you Yuddish sir for your advice .
