Water tap by the name of grandfather
Chetan
(Querist) 13 March 2014
This query is : Resolved
Dear Respected Experts,
Greetings to you all!
Water Connection which was installed by the name of my Late. Grandfather was transferred to the name of the youngest son of my uncle without my consent around FOUR YEAR'S back (in March 2010) by giving some affidavit and now not allowing me to take another connection from the tap.
1.Can this be transferred back to the name of my Grandfather?
2.If, yes then against whom I should file a case
A)Department of water supply (who made this transfer without my consent)
B) Against my cousin (who got water connection transferred to his name).
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Please, accept my apology for this modification.
As I have tried to find more details today,
1. The affidavit was submitted on March,2010
2. The witnesses are two son's of my uncles to
transfer the connection to their youngest brother
(the third son of my uncle)
3. One of the witnesses is a Govt. employee in Public
Welfare Department.
(In affidavit some inappropriate statements are also
given as explain below)
Contents of Affidavit are as
We Mr. X aged 34 years S/O Late Sh. A 2. Mr. Y aged 28 years S/O Late Sh. A both resident of ADDRESS..... do hereby solemaly affirm and declare an oath as under:-
1. That a water connection bearning No. .... was installed in the name of our grand father Sh. ABC at ADDRESS.
2. That the said Sh. ABC has expired and there after the water bill was paid our father Sh. A.
3. That now our father Sh. A has also expired on date (year 2004) and we are the three legal heirs (son) of the deceased Mr. A
4. That we have no objection if the above water connection is transferred in the name of our brother Sh. Z, the first class legal heir of the deceased Mr.
A.
Verificaiton:-
We the above named deponents have do hereby verify that the contents of our this affidavit are true to the best of our knowledge and belief. Verified as such at
PLACE on date ( year 2010).
Another Affidavit
I, Mr. Z aged 19 years S/O Late. Sh. A, ADDRES do hereby solemnly affirm and declared on oath as under:-
1. That a water connection was installed in the name of my grand father Sh. ABC who was living in with Sh. A at ADDRES.
2. That now my father Mr. A has also expired on .... date (year 2004).
3. That the above water connection be transferred in my name being the first class legal heir of the deceased.
Stamps etc. signature deponent
Verification:-
I, the above named deponent do hereby verify that the contents of this affidavit are true to the best of my knowledge and belief. Verifified as such at PLACE on
March,2010
Important Points
1.Grand father died in 1970 (Before the birth of we all cousins)
2.Till 1994 my parents were living in family house and sharing water bills will uncle's family.
3.My uncle died in 2004.
4.My Elder brother living in that house expired in 2005.
5.Connection was changed as per the affidavit given in March 2010.
Hence the statement(s) i.e. That a water connection was installed in the name of my grand father Sh. ABC who was living in with Sh. A at ADDRESS.
&
That the said Sh. ABC has expired and there after the water bill was paid by our father Sh. A.
are not appropriate.
Why I am requesting for guidance and expert suggestions before considering any legal proceedings
1. Apart from two married sisters, I am left alone from my father's family as a legal heir for GAIR MARUSI Property in the name of my grandfather
2. My uncle's encroached the main land on the main national highway and constructed 6 shops for them (4 shops by one uncle who is not living in ancestral house + 2 by uncle living in ancestral house) and
3. Even not giving me the remaining plot (area to make 4 more shops) on the sub main road.
4. I was given a portion of the old ancestral house which I demolished (being in pathetic/dangerous condition to to live in) and constructed new house by all my hard earned money i.e I was given no commercial property.
5. They are getting the income from the commercial portions and I have just invested to protect my share from ancestral house, otherwise even that could be gone from my hands due to its conversion in to plot after its fall due to its bad condition.
6. Also, they say property is Gair Marusi not by the name of GRAND FATHER thus who has captured what is his only.
7. I feel helpless
a) Due to my employment reasons in other city
b) The muscle power they threat me being alone
c) The seveare health issues with my wife (If I involve myself in such issues, I may not be able to support mywife well, thus may cause her more pain and trouble thus shattering the only asset I am left with, my helpless family)
8. May God help me through experts advise to take right decision to go ahead in the right direction.
Anticipating your kind advise and directions, please.
Thanking you in anticipation.
Regards
Dr J C Vashista
(Expert) 14 March 2014
Engage a local lawyer. I agree with Mr. Sudhir Kumar "prima-facie a time barred case"
Rajendra K Goyal
(Expert) 14 March 2014
Explore the possibility of getting another water tap connection.
The dispute is time barred.
Chetan
(Querist) 14 March 2014
Updated and detailed information is provided for your kind concern and suggestions.
T. Kalaiselvan, Advocate 
(Expert) 14 March 2014
Please consult a local lawyer and proceed as per his advise because these are to be solved locally going by the nature of the facts narrated here.
