Share in my grandfather's (dada) property
Afzal Khan
(Querist) 06 April 2013
This query is : Resolved
Dear Lawyers,
Need desperate help.
My DADA's house is in Mumbai. My Father has one bro and two sis.
My ancestral house in Mumbai. From the last 45 years in Andheri. My father was a drunkard. My mom left him (no divorce yet happened) and moved with my nani.
She eductaed us. After I grew up - I regularly gave expenses to my Grandmother (dadi) after my dadas death in 1989. In the Andheri house. My dad and dadi and chachas family lived. We had two houses. One was orally earmarked for my father and one for chacha. They were attached. The one earmarked for my dad was sold by my chacha in around 2003-4 without informing us and only his and my dadis signature is on the paper.
In 2007 he moved my dad and dadi out to outside mumbai in thane district in a third class house. I still gave expenses to my dadi and dad. Every month. Last 2 years Im unemployed. I still gave expenses to dadi till 6 months ago. Now my chacha says that we have nothing to do with the house in andheri, which is high value. After my nanis house was sold we moved in rented flat.
Property is in Dadis name but i am notsure if she transferred in chachas name not sure.
So im staying rental for 6 years. Giving expenses to my dadi and dad. Chacha gave no expnses. My mother stays rental with us. And now in the house in Andheri my Chacha has given one part one rent (upper Mezzanine floor). I want to sue for :
1. Right to property in paternal ancestors name. My chacha sold house of eqaul value which was my dads. So what is existing is ours
2. Defamtion and identity crisis. I have moved from Malad to Borivli To Mira d and Vasai as rents got unaffordable. Have felt alienated as every one in where I was brought up knew us and now people ask questions about my identity. My dada was born in Mumbai in 1929 and I have never known to have any "village". Mumbai is the only place. Dad born in Mumbai. me 36, born in Mumbai.
3. Penalty and actual costs paid for expenses. While we stayed rental. Chacha collected rent from property which was rightfully ours. So he should not only give us the existing house, he should also pay the rent he took. As we paid rent elswhere.
4. Reason for unemployement : In an interview in Andheri I was refused a job as I was staying in Vasai and that was beyond boundaries for transport. If my chacha was straight. I could stay in my ancestral house. And get employed.
5. Cheating and fraud : He sold his rightful property though it was earmarked for my father but the sale deed has his signature. My own dad came to know once he saw renovation work and asked why the tenants are renovating he was informed property is sold. So it is without will or consent.
Please help me with information on how I can file cases or one case covering all of the above points. Im certain each one will have a provision in the law. I am a muslim and I am aware that there is a provision that even if my dadi wants me not have any property share, I get a share by Sharia law provisions.
Also, I cannot afford a lawyer right now, so pelase hlp me how I can file a case. im in mumbai.
Regards
Afzal Khan
(Querist) 06 April 2013
Please help me as I have tried to communicate with the rest of my family too but there seems to be no option but to take the legal route.
Thank you
prabhakar singh
(Expert) 06 April 2013
as it is "My DADA's house is in Mumbai."
Since you are muslim your DADA must have also been.
Just tell all relations in detail who survived your DADA on his death to solve your problem.
Afzal Khan
(Querist) 06 April 2013
Hello Mr Singh, Thank you so much for coming forward so quickly to help. I am very new to this site but I have already noticed that you have done so for many other members.
I must tell you that ( as I have mentioned) I have already tried and that is not helping. My aunties are just not interested in getting a conversation started. I have been waiting for two years now. I went to my own garndfathers house to talk to my uncle and sort it out - but I was booted.
So that is why I am asking for legal help. Only I know how I wish this could be resolved within. As I have seen your tips to everyone are perfect and other experts just have to say "nothing more" after you... so please help.
Thank you
prabhakar singh
(Expert) 06 April 2013
Hai Afzal !
Thank you for greetings.
But you have not answered my particular question.
Be kind enough to answer me.
I proceed in my own way to arrive at my conclusions which can go waste only in two circumstances:
when I do not comprehend law correctly:
or
when PO entrusted with justice turns dishonest for any reason?
Afzal Khan
(Querist) 06 April 2013
Sorry it seems U have offended you in some way. I read again but I do not see any question asked by you. Or perhaps I am really unable to comprehend. If its about my dad, yes he was a muslim. I have spoken to all concerned who were around on his death bed. I think I have no option but to file a case. So I am seeking help in any ways. Its really unjust atht I have to stay rental with no house of my own when my uncle stays in my grandfathers house and sells a part and gives another part on rent.
prabhakar singh
(Expert) 06 April 2013
"Sorry it seems U have offended you in some way. "
None has offended anyone.
"Just tell all relations in detail who survived your DADA on his death to solve your problem."
WAS MY QUERY YOU DID NOT ANSWER.
I WANT TO ASCERTAIN YOUR DADA'S QURANIC SHARERES BEFORE I PROCEED TO EXAMINE YOUR EXACT PROBLEM.TRY TO UNDERSTAND ME.
Raj Kumar Makkad
(Expert) 06 April 2013
I also share my thought with Ld. Singh Sir.
Afzal Khan
(Querist) 07 April 2013
Hello gentlemen - You guys are lawyers.
Mr Singh says "
"Just tell all relations in detail who survived your DADA on his death to solve your problem."
WAS MY QUERY YOU DID NOT ANSWER.
Where is a query in this? Its just a statement not a query.
So if you guys are willing to help, just let me know either of the 2 things :
1. Wha is your exact question in lay man terms??? I dont see a question anywhere but everyone seems to agree with Mr. Singh!!
2. Plainly can you tell me how do i file a case by myself???
Regards
Afzal Khan
(Querist) 07 April 2013
Mr Singh - Sorry again - but you have said :
Hai Afzal !
Thank you for greetings.
But you have not answered my particular question.
Be kind enough to answer me.
And
"Sorry it seems U have offended you in some way. "
None has offended anyone.
"Just tell all relations in detail who survived your DADA on his death to solve your problem."
WAS MY QUERY YOU DID NOT ANSWER.
I WANT TO ASCERTAIN YOUR DADA'S QURANIC SHARERES BEFORE I PROCEED TO EXAMINE YOUR EXACT PROBLEM.TRY TO UNDERSTAND ME.
So where is the question respected sir???
R.Ramachandran
(Expert) 07 April 2013
Dear Afzal,
Mr. Singh has very clearly clarified as to what his query to you is. The query posed by Mr. Singh to you is as under:
Who are all relations who survived your DADA on his death.
This information is required to solve your problem.
You need not be too technical and try to split your hair by saying that what Mr. Singh said was only a statement and not a query.
prabhakar singh
(Expert) 07 April 2013
What are you calling a statement is a question put to you i do not know what makes you not to answer.
Look the quranic sharers (or Ashabul-faraiz) are altogether twelve in number - four males and eight females.
The four males are: (1) the father, (2) the grandfather or lineal male ascendant (when not excluded), (3) the uterine brothers, and (4) the husband.
The females are: [the] (1) wife, (2) daughter, (3) son's daughter or the daughter of a lineal male descendant howsoever low, (4) mother, (5) true grandmother, (6) full sister, (7) consanguine sister i.e. half sister on the father's side, and (8) uterine sister i.e. half-sisters on the mother's side.
I have just asked you to tell me who among these twelve were alive on the date of death of your DADA??????????
