Self acquired property
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
My grandfather, based in NCR, India has 3 sons and 1 daughter. My father died some 23 years ago leaving his wife and 2 minor daughters behind (Me and my younger sister). We live in a joint family with my 2 other uncles in a house in NCR owned by my grand-dad. My father had a flourishing business of chemical exports which after his death was taken over by his younger brother (my uncle) and we (my mom, me, and my sister) were removed as share holders from the entire business leaving us with no income.
Then under family pressure (constant harassment by uncles because they want my grand father's inheritance to be divided in 2 as opposed to 3) my grand father re-married my mom 3 years after the death of my father against her wish - putting emotional pressure on her. While my younger sister went with my mom, I at age 13, chose to stay back in my fathers house. Unfortunately my mother's second husband was killed in a mugging incident (2-3 years after the marriage) and my mother was then brought back into the house by the grand father. Since then there has been continous harassment for my mother from the uncles and my grand mother but she chose to stay back for the sake of her 2 daughters and because she wasn't left with any source of income.
I, the elder daughter, am married now, and my younger sister is about to get married. I want to seek your opinion on the following matters:
1. If the family house has been bought by my grand father with his earned money, can he legally leave it for his 2 living sons only and leave us out of the will?
2. If so, can we contest this will on any legal grounds?
3. If I wish to stake a claim/share in my uncle's current business (which was originally set up and run by my father) - is it possible to do now or is it too late?
4. Since my younger sister is about to get married and leave my mom alone in that house, can we file a case of sorts for court/police intervention to prevent my uncles to harass my mother in our absence and also not enter her premises when she is travelling overseas to visit us.
Thanks for advising
Advocate Rajkumarlaxman
(Expert) 03 August 2011
U can file, obstruct the entrance also . file a suit for injunction showing your possession of the property as you are already staying having possession. u can also claim the property share of grand father and ur fathers chare in the business unless and untill your father had given his share in writing to them leaving nothing to you. Put the facts correctly. U state that ur mom was re-married to your grand father if i havent mistaken, then her direct share in the property also exists. u can claim the same. please put ur version of facts more clearly if you wnat further clarification.
R.Ramachandran
(Expert) 03 August 2011
Yes,I agree with the views of Mr. Rajkumarlaxman.
For this you have to approach a lawyer, show your papers, discuss the facts and then take things forward.
Querist :
Anonymous
(Querist) 03 August 2011
Many thanks for your response.
1. Yes, my mother is in current possession of a part of that property. She has been living in the house for the past 35 years except for the brief period of her re-marriage.
2. My father had died young in a road accident so he had not given his share in writing. It could be though that either the business ownership deed was of the nature that in the event of the death of one partner, other two can take control OR my mother in a grief stricken state who trusted her father in law and brothers in law for everything was made to sign on certain documents without realizing the full implication of it. But there is no doubt that my father, a chemical engineer, started and owned that business which we were thrown out of after his death. We were minors at that point and my mom continued to tolerate this injustice because she had nowhere to go.
3. No, she was re-married to another man BY my grand-father due to reasons stated above.
4. I included the last point (number 4) in my original email specifically after a recent ugly turn of events when my uncles called the police on my mom's domestic help on false charges since she is travelling overseas (another incident in their continued harassment with the ultimate objective that she moves out of the said premises).
Please let me know if you need any other clarifications.
Best regards
Raj Kumar Makkad
(Expert) 03 August 2011
Will against self acquired properties can be made by owner in favour of either of his legal heirs or all or none among those so no litigation qua on this aspect can be raised, however, will can be challenged on various other grounds.
Your share in business can be got restored subject to your filing suit seeking rendition of accounts claiming that you have not been given any accounts of joint business.
Injunction suit shall be best remedy for your mother restraining your uncles and grand-mother to intervene in her life and property.
Querist :
Anonymous
(Querist) 03 August 2011
Thank you Mr. Raj Kumar.
A big question bothering me is - since all this happened (and has been happening) when we were minors - 20 years back - and are deciding to take action only now - we have no documentary evidence whether its the ownership deed of the business, accounts nothing.
This description is based solely on the incidents that took place in real life and are being recorded by me point by point in as much detail as I can gather.
Can I still make a strong case for me and my mother?
thanks.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
What papers u have stating that the business was started by your father or is partner in the business,
You can sue for the same as stated by our Expert Makkad Sir.
Querist :
Anonymous
(Querist) 03 August 2011
We do not have any documentation in our possession. After my dad's death, they took possession of all documents because my dad was using his younger brother as a accountant in his business (and its the younger brother who eventually took the lead in taking over). However 2 things:
1. Its a chemicals business and my dad was a chemical engineer from a reputed institute (we have his degrees). None of the other brothers have this or any related qualification.
2. If the court can get the brothers to present documents, I'm sure the initial documents or those documents while my father was alive will have my father's name.
3. We can find misc. documents with us for example a property deed (for a property he bought in my mother's name) where his occupation is described.
But nothing more in the name of documentation.
thanks.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
Are
SO use RTI and collect the formation of your company details. These documents can start your move. The place where it started was intially on whose name that also you collect. you have many things which can make you collect papers. to which state you belong to. If Gujrat i have some good frnds who can help you locally. i think if you r moving to court take opinon of good lawyer. If in Maharashtra then You can call me on my cell 9167004496/9323690563 i will help you out.
Querist :
Anonymous
(Querist) 03 August 2011
Thanks. Do you have any contacts in Delhi that I can speak with?
M/s. Y-not legal services
(Expert) 03 August 2011
Yes. I agree with experts. My little suggestion is, as of your statements your brother only started that business. So just collect the business license details. If its stands in the name of your father mean thats only enough to proceed the suit.. For supporting that you can collect some other relevant documents.
M/s. Y-not legal services
(Expert) 03 August 2011
Then one of our senior member mr.ramachandran practising at delhi only. Just ask help from him. Already he replied you. Just catch him.
Raj Kumar Makkad
(Expert) 03 August 2011
No more documents are required except making claims that your father was heading the business and after his death, no any accounts have been produced and even not even a single penny out of business profits have been shared by your uncle. This is sufficient. All documents can be got summonned from all concerned persons or authorities.
Querist :
Anonymous
(Querist) 03 August 2011
Thanks Mr Makkad. I have taken note of your contact details from your page. Will get in touch with you as and when required.
regards
