Grand father property issue
Nilay
(Querist) 07 May 2022
This query is : Resolved
Hello experts,
Need suggestion: My grandfather inhereted house and plot from his father. Grandfather has two son - my father was second and elder son (my uncle) used to live in house. Grand father died in 1981, Uncle died in 1991 and my father tried to get transfer plot on his name and came to know that is already transfered on my uncles name. As my uncle had no child and only his wife (my aunt) was living in the house. considering the relation he didn't took any legal action. Since 1991 till 2022 it was used my my aunt. My father expired in 2019 and aunt died in Jan 2022.
Due to Cororna issues myself and my brother who are based in different town were not able to travel for 2 yrs. Taking advanatge my aunts relatives taken her and post her death handed over keys of local social organization leader who want to take it as donation for temple.
Although, property cost is not much but it is family property, I don't want to let it go. Now what the legal action I can take and take back possession and tranfer to property on my name?
Please suggest.
kavksatyanarayana
(Expert) 07 May 2022
You have to obtain the death certificates of your grandfather, father, and uncle and the legal heir certificates of your father and uncle separately. The legal heirs of your father and your uncle have full rights over the property. So file a partition suit in court by consulting a local lawyer.
Dr J C Vashista
(Expert) 08 May 2022
Very well analysed, opined and advised by expert Mr. Kavksatyanarayana, I endorse and appreciated.
In addition to above let me know what is document on the basis of which the social organisation leader has staked claim over your ancestral house property ?
Nilay
(Querist) 08 May 2022
Thanks for response. social organization has no legal document or claim just "group" of ppl. with help of distant relatives took keys taking advantage of corona and my absence due to job/service.
Thanks experts for all of your suggestion.
SHIRISH PAWAR, 7738990900
(Expert) 08 May 2022
Hello,
Taking keys will not give title of the property. You are the legal heirs of your aunty. So approach court and get injunction order against those group of persons. You can file police complaint if you notice any illegal activity.
