Joint family dispute
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
I am posting my problem here please advise me what to do?
1.My grand father has self acquired property of 300 sq yard. We have an joint family. My father has expired in 1999 and than My grand father has also been expired in 2005. And he has 4 sons and 4 daughters.
2.one of my uncle has taken his share at the time of my grand fa.
3.Now we are 3 families in this house 1. My uncle (chacha ji) his wife and 1 son of 25 years old. And 2nd my grand mother and my uncle who has no family staying and 3rd my family me, my mom, and 1 younger brother who is paralyses patient 50% disable also mentally not developed according to his age 25 years.
4. My mother is a house wife of 50 years, I am the only earning hand I am 28 years old. 1 sister is married in 2005. Now have nothing with us other than this house.
5.After my father and grand fs Death one of my uncle and my grand mother forces us to go out from the house or want to give a small share which is not enough to survive. We are staying in 63 sq yard portion 2 room, kitchen, bathroom set from last 30 years.
6.but now my uncle wants to grab the whole house and my grand ma also wants to do so, as my father is not there and brother is disable. They are showing a will in which we are getting 40 sq yard which is never discussed by my grand fa . He told us that this portion is yours and nobody can take this from you.
7. we had filed a case on the bases of possession on may 2010. But till now we have got an interim only. We did nt get stay over the portion.
8. They always use abusive language and also interfere a lot in our portion as there is no wall at all.so, we also did police complaint against them.
Now, plz suggest what we should do, and what law says in these conditions. how can I protect my mother and brother. ??????????
Plz help
ajay sethi
(Expert) 02 September 2011
since your grandfather died without leaving any will property will devolve among his legal heirs . your uncle cannot grab the whole house .
a will requires judicial proof . the fact that for 6 years no steps have been taken to obtain probate of will creates doubt about genuineness of the will .
what is the case filed by you?
you can file suit for partition and separate posession
prabhakar singh
(Expert) 02 September 2011
Yes !what is the case filed by you?
state,till then be guided as advised by Mr.ajay sethi
Raj Kumar Makkad
(Expert) 02 September 2011
In the given fact, the only remedy for you in to file suit for partition and possession on the basis of inheritance. The alleged will can be got challenged on various grounds once it is brought to light.
Querist :
Anonymous
(Querist) 07 September 2011
Thanks a lot for Replying Sir..
We had filed a case for our separate portion on the basis of 30 years possession on dated 28. may.2010. but till now we have got only inter rum. and my uncle and others regularly interfering in our portion.as they have their own separate portion. my mother and brother are not able to stop them to do so, they always use abusive language.my mother and brother are mentally harassed.we have the only this house as our asserts neither mother nor brother are able to earn.
will which my uncle is showing that is created in 2003. and my grand pa has expired in 2005. but we were not informed about this will.they are getting 10-15 thousand per month as rent from the whole house. but we cant even maintain our house. they dont let us do anything in even in our portion.
Querist :
Anonymous
(Querist) 07 September 2011
And if we challenge the will than can we got our portion ??? or it will be divided in all 8 parts. if yes than we will get nothing. as the value of the land is very low and we wont buy a new one as we have no saving with us.
