Evicting jayaganesh a disabled
Jai
(Querist) 01 January 2015
This query is : Resolved
Respected Sir,
I am a disabled person and my father was lured by my younger brother and he tries to grab my father's whole property. Now, father is ready to evict me from the house.After my grandparent's death my father and his brothers partitioned my grandparent's assets which has not been registered yet and they have been enjoying the property. Now my father is not ready to give any property viz, my father's property or my grandparent's property.
Guest
(Expert) 01 January 2015
Better consult a Local Good Advocate with available Documents copies and Other Details.copy of Documents could be Obtained from the Registrar with some Little Effort.Also Obtain EC for 30 years.With All these Consult Local Good Advocate Discuss and Confirm your Actual Rights and Serve Notice and Start Proceeding Legally.There are Chances they would Come for a Compromise.
Anirudh
(Expert) 01 January 2015
Unless the property is ancestral (which does not appear to be so in this case) nobody can claim any right in the property which your father owns now.
If you can indicate how your grand father acquired the property, the year in which he acquired it, and in which year he died, it will be possible to say whether the property in your father's hand is ancestral or not.
ajay sethi
(Expert) 01 January 2015
answer queries raised by MR anriudh
Guest
(Expert) 01 January 2015
Better Consult a Local Good Advocate Instead of Wasting Time.
Dr J C Vashista
(Expert) 02 January 2015
I agree with expert advise of Mr. Anirudh. Firstly you will have to clarify the position/status of property in the hands of your grand-father, how did he acquire?
Rajendra K Goyal
(Expert) 02 January 2015
Author is still silent on the questions raised by the expert Anirudh.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
Yes the author need to answer the query raised by expert Mr. Anirudh to get proper opinion to his problem (if at all there exists one).
Jai
(Querist) 05 January 2015
Respected sir,
ANSWER FOR THE QUERIES RAISED BY THE EXPERTS
After my grandparent's death, my father and his brothers valuated the grandparent's house and they got money from their last brother and handed over the house writing a deed to their last brother which has not been registered yet and they have been enjoying the property. My father and his brothers partitioned my grandparent's house and agricultural land when my grandmother was alive before 18-years and my grandfather had died at my father's age was 3 years. From the resources of the above my father contributed some part of money and we also contributed some money including my grandmother to build this house jointly in the Lease Land. But my father has been paying House Tax for this house for the past 20-years being a family head. Relying on my father, I have given more money to my father whenever he needed money for the sake of this house.Actually, I do not know the date of property acquired by my grandfather as well as my grandmother.
malipeddi jaggarao
(Expert) 07 January 2015
The question posed by Mr.Anirudh - how your grand father acquired the property in question - is to be answered to determine whether that property now in the hands of deceased grand-father's sons is ancestral or self-acquired property. Better you consult a local advocate who is well versed with property laws and show all available papers to him to get a proper advice.
malipeddi jaggarao
(Expert) 07 January 2015
The question posed by Mr.Anirudh - how your grand father acquired the property in question - is to be answered to determine whether that property now in the hands of deceased grand-father's sons is ancestral or self-acquired property. Better you consult a local advocate who is well versed with property laws and show all available papers to him to get a proper advice.
Dr J C Vashista
(Expert) 08 January 2015
Contact, consult and engage a local lawyer, show all the documents to him/her and proceed as advised, you are missing vital information required by the experts to form an opinion and advise you properly
Jai
(Querist) 08 January 2015
Respected sir,
ANSWER FOR THE QUERIES RAISED BY THE EXPERTS
My grandfather acquired the property and he expired when my father's age was 3-years.When my grandmother was alive, the sons of my grandparent partitioned the property which has not been registered. Instead they prepared a deed of their own. My grandparent did not execute a deed for their sons.
T. Kalaiselvan, Advocate
(Expert) 08 January 2015
Assuming it to be your grandfather's self acquired property, your father has full rights to dispose the property inherited by him in any manner he chooses, you cannot question him if he is asking you to vacate.
malipeddi jaggarao
(Expert) 09 January 2015
I agree with expert Shri Kalaiselvan. No more to add.
Jai
(Querist) 09 January 2015
Respected sir,
Since I am a legal heir to my grandfather,why can't I claim my grandfather's property? Actually I did not know whether my parents would cheat giving properties to oneself in stead of two sons. Believing my parents I had given more money to build this house. Is not a cheating in my parent's part? Then, what is the relation between a father and his son? Is not an injustice?
Help me sir.
malipeddi jaggarao
(Expert) 10 January 2015
Though you are legal heir, you do not have the right over the self-acquired properties of your grand father and father. When you do not have a right as per law, where is the question of injustice? As regards giving money by you to your father to build the house, it is a separate issue and if you have proof, you can claim it separately.
Jai
(Querist) 02 February 2015
Dear Sir,
I agree with N.J.S. Rajkumar sir and I consulted the good advocate and the proceedings are going on.
Thanking you sir.
Guest
(Expert) 02 February 2015
Dear Author,As advised earlier if they Come Forward for a Compromise or amicable settlement Please Prefer it and Go for it with the consent of your Advocate legally Protecting You.
Anirudh
(Expert) 02 February 2015
Dear Mr. Jai,
All the bests.
Please do not forget to update the outcome of your case in this LCI.
