House - property case between mother and son
Kaushal
(Querist) 25 January 2014
This query is : Resolved
Dear Sir / Ma’am
We live in Noida. My grandmother has two sons and one daughter. Out of two sons, one is my father. My father bought our house before 15 years in my grandmother’s name. He also took home loan in her name but all the EMIs were paid by my father only as my grandmother had no source of income. Somehow, my grandmother has been always biased towards her another son (my uncle). Under his influence, my grandmother prepared will and in which she transferred our house (property) in my cousin’s name (my uncle’s daughter). Now, my uncle wants to sell this property and wants us to get out of this house. I want to know whether there is any provision in the law to save my house. I am sure that if we can prove that it was in the name of my grandmother but it was financed by my father then we can fight against this will. I need your help and insights in this case. Please, reply at the earliest.
Devajyoti Barman
(Expert) 25 January 2014
Yes, your father can file a declaratory suit and ask for injunction as well so that the property may not be disposed of in the meantime.
Rajendra K Goyal
(Expert) 25 January 2014
Well advised by the expert Devajyoti Barman ji, agree to it.
