Grandfather property litigation
Kumar
(Querist) 11 July 2013
This query is : Resolved
My grandfather has 3 sons and 1 daughter. Recently, i bought (Sale Deed) a property
from him which is a self acquired property (NOT ancesters) by my grandfather. Now, one of
his sons made a petition in court saying he needs his part of share (where there is no share for him
by any means, since the porperty is soley owned by my grandfather and now by me.)
Atually, he is currtently staying in that propertly and also taking all the rents from
the teneants. Is there a law way by which i can vacate him from that place? If so, how long
will it take.
Since i invested so much in making the sale deed, and he is enjoying all the rents,
i dont know what to do and how to vacate him from that place and get the rents from tenants.
Kindly guide me here on this how to approach futher.
Sincere Regards,
Kumar.
Rajendra K Goyal
(Expert) 11 July 2013
He has no right in the self acquired property of your grandfather and now purchased by you.
Issue notice to all the tenants that you are the owner of the property and either pay the rent to you or vacate the premises.
Issue notice to son occupying the property to vacate the property,if not vacated in given time, file civil suit.
In courts no one can say how much time will be taken in decision.
Adv Archana Deshmukh
(Expert) 11 July 2013
The case filed by the sons of your gf will fail if it is his self acquired property. As Rajendra ji suggested you can give notice to all tenants informing them that you are the tenant now and they should pay the rent to you.
prabhakar singh
(Expert) 11 July 2013
You have not stated that when property purchased by you from your grandfather is exclusive self acquired property of your grandfather why and how and under what arrangement your brother has become landlord to collect rent for your grandfathers' property sold to you and saved with this reservation i find advices correct.
Kumar
(Querist) 12 July 2013
Thank you all for your suggestions here.
For issuing a notice to all the tenants, my lawyer is asking for around 50k saying that it depends on the property market value. Actually the sale deed that i madSe is of around 22lacs.
Is it true? Since i already invested so much and gaining nothing since past 1 year, i am thinking of investing another 50k now,
Kindly suggest.
Kind Regards,
Kumar.
Rajendra K Goyal
(Expert) 12 July 2013
Either negotiate or contact some other lawyer if you are not ready to pay demanded fees.
Advocate Ravinder
(Expert) 12 July 2013
Issue notice to the tenants and the person who is collecting the rents from the tenants. If there is no action, then file a case against the above persons. You can also file a criminal case against the persons collecting rents. You can also claim past rents and damages from the person who collected the rents. Though the case is complicated, finally you will win. Do not hesitate for fees.
Kumar
(Querist) 15 July 2013
I am really so kind of you all for answering here on my query.
Can you also please tell me that if i issue a leagal notice to him, what could be options for him to get stay on my notice.
I am thinking hard if he has any such chances, i will be in loss again.
Thank you once again.
Sincere Regards,
Kumar.
ajay sethi
(Expert) 15 July 2013
well he would have to reply to legal notice . no stay is granted on legal notice .if he fails to vacate the premises you will have to spend on litigation . if you file suit for eviction you will incur additional expenses . your uncle will also have to hire a lawyer to fight the case . since you have already spent Rs 22 lakhs on buying the property you have no other option .
