Ancient property
Guest
(Querist) 06 June 2016
This query is : Resolved
Hi Experts,
I would like to share a different kind of case to you all, please give me your best advice.
My grand father has got married with one person. And after giving a birth to a baby boy then she died. Then after her death my grand mother was married to my grand father. My grand father has five daughters and three sons to his second wife i.e. my grand mother. First wife son of my grand father was separated with taking proportionate property of my grand father and write a note, that he don't have any kind of rights for remaining property i.e. out of five no girl get married at that time.
After some time my fathers second brother died with accident, and he was an unmarried person. My father first brother doesn't have any children. They adopted me but not legal formalities are happens. Up to my graduation I was been with my uncle from my childhood. After my graduation my father and uncle separated their property. But in that separation my uncle misguide my father and take a heavy price property and my father get low price property, all the property belongs my uncle are Ancient property from my grand father and some owned self property. From there they are not in touch regularly. And after my graduation I went for further studies and got job in Hyderabad.
In that time some people that are related to my aunt's family fully influenced my uncle and aunt against my family. Recently my uncle died with heart stroke. At the time of death all the documents and gold, and cash are missed. My father went to my uncle's place and took him into my place and did all the funerals. Now my aunt was fully influenced with their sister and her sisters's son-in-law. They are not to take care about her, but they want to trying to rob her property. So what kind of steps I need to take to save my aunty and her property from her relatives. I need to take care of her because I was been in grown man in their house. Please read all the inputs and give me what kind of steps I need to take to save my aunty and her property. Thank you for your great help.
RAVI K GOUD
(Expert) 08 June 2016
Mr. Abhi, Certain points are to be clarified as its a lengthy query.
1. Not clarified that your Grand mother (GM) alive or not.
2. About Daughters (your father's sisters/paternal aunts)- Any relinquishment of their rights or partition happened?
3. Is there any partition happened between your father and his brother (or Aunt)?
4. What is the position of your Aunt whether she is willing to come with you and cooperate and listen to you to deal with property and her relatives?
And with the facts you submitted, I hope you are the only blood related in I Degree relations apart from your paternal aunts. If your paternal aunts are departed with rights of the property, then you are eligible to devolve the property of your Aunt if it is not bequeathed to others by a will.
If there is any will executed by your aunt then you are not eligible unless she cancels that will.
There are a lot of things to be discussed and clarified. So as you are staying in Hyderabad, You can contact me in person or by phone or mail to discuss in detail.
Contact: 92491 01414 / 98491 01414 or rkgoudg@gmail.com
Rajendra K Goyal
(Expert) 09 June 2016
It seems the author has preferred not to reply questions from the expert.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
let the author first answer the query raised by our expert and he may get more opinions and suggestions.
Guest
(Querist) 10 June 2016
Hi Experts,
Sorry for the late reply, thank you each and every person to responding to my issue.
Details in Brief:
1)My grand mother is not alive now.
2)Three children to my father me, my brother and my sister both are elder to me.
3)Partition happened but not registered till yet. They wrote only the name called "Muchelaka" for partition of the property in between of two brothers.
4)My grand father clearly mentioned that in the will that the property belongs to my father and my uncle only i.e.First brother of my father, who had died recently.
5)My aunt is not willing to come with me, because she is fully influenced with her sister and sister's son-in-law, and she is an uneducated her education qualifications are 3rd standard.
6)My paternal aunts are five and they have children's also. In the will my grand father never mentioned any kind of property belongs to them.
7)We are expecting that my uncle wrote a will but it was missing at the time of my uncle's death, still it was not found.
8)My uncle don't have children i was been with them like an adopted child from my childhood. But adopted formalities have not been done.
Can i become a legal heir to that property to take care of my aunt? Because if her relative cheated and rob her property, she will became alone and people will abuse my father and our family, that we leave her alone after her husband death.
So i need to take care of her, but she is not listening to my words, because fully influenced with her sister. I am feeling very afraid that there is a threat with her relatives so i need to take care of her. If i get the property with me then she will be with me at my house then i can protect her against her relatives and I will take him to my place i.e.Hyderabad. Please give me your valuable suggestions to avoid this constraint. Thank you very much to all for responding to my issue.
T. Kalaiselvan, Advocate
(Expert) 10 June 2016
In the absence of any will by your deceased paternal uncle and as your uncle's wife is alive, she will become the owner of your paternal uncle's share of property that was divided and partitioned along with your father. Since yo are not legally adopted child you cannot legally claim the legal heir ship to your deceased paternal uncle hence you are not entitled to a share in his intestate property. If your aunt is cheated by her people whom she is confiding now, then you cannot help it because you are not concerned with it and also she failed to take the advises rendered by you on time before such things could happen. You are an outsider to that house hence she has every reason to reject your advise or patronage. If she opts to be with the people of her choice you cannot legally do anything to stop it or gt it prevented. If she is cheated and thrown on the streets at a later stage , you cannot help it other than bring her back home and take care of her on a humanitarian ground. You cannot change what is written on somebody's fate.
Any step you take against her will be termed as that you are doing them to grab her property and you will be wrongly depicted ion her mind by the rumor mongers, so better understand your position and distance yourself from the ugly mess that is going to happen in future in this regard or if you are ready to face consequences you may proceed with your own prudence but please remember that you do not have any legal solutions on this and it will depend on how your aunt is treating this and conceding it.
Guest
(Querist) 10 June 2016
I am thankful to you for each and every person in this regards for advising the such case. I will not do nothing but waiting for her good fate. I am a just viewer that i can't stop the fate of her, and the indian penal code too.
RAVI K GOUD
(Expert) 11 June 2016
The Expert Mr. Kalaiselvan has exactly advised you the events that may happen in present and future. And appreciate the expert for his visionary advise.
Mr. Abhi if you really thinking of your aunt in the positive note, you can tell her the same advise given by the expert and try to take her your home with out any discussion on the property issue and try to make her happy for her remaining life as responsible son (virtual adoptive).
If every thing goes well then she may turn to your side and bequeth her property on you or else you will be happy mentally as you grown in her lap and also fulfilled your natural responsibility.
All the Best .....
Guest
(Querist) 11 June 2016
I appreciate your feedback in this regards. Thank you all for giving your valuable advice to me. Especially "Ravi K Goud" and "Kalaiselvan" sir make me a clear mind.I should also follow the ethics to make my aunt bring her back home and take care of her on a humanitarian ground.
