Property & Personal Security
Clement Gerard
(Querist) 05 January 2010
This query is : Resolved
5th January 2010, Bangalore
This matter is regarding to a property where I have been living since 1972
This property was built by my Mothers Brother (will call him Joe) in 1964 and he was a bachelor, he died a Bachelor in 1982 and unfortunately did not make any Will regarding the property
My mother’s side consisted of 3 Brothers (Mike, Joe & Pat) & 5 Sisters (Jay, Mar, Eliz, SrA, Mel, & Emil (and none of them are alive today)
The entire property which has 2 separate ground floor units was rented out by my uncle Joe until 1972,
Emil’s Family (My Mother) moved in to a part of the Ground floor unit around the year 1971 & then Joe constructed a further First floor in 1972,
Emil’s Family moved in to the entire first floor portion has been living in the first floor since then
Later Pat’s Second wife & family along with Pat moved into the ground floor unit where Emil was living earlier.
In 1982 when Joe passed away with out making any Will or Deed regarding the Property
All the Brothers & Sisters of Joe who were alive at that time had a discussion and decided that Pat will collect the rent for the remaining unit of the Ground floor & Emil had no objection in this regard
After some Months another Sisters of Joe (SrA) passed away
At this point there were only Mike, Pat, Emil & Mel who were alive
The remaining Brothers & Sister of Joe decided that it would be good to have some legal papers regarding the property, and went in to create something in the line of a GPA,
However in the document my Mothers name (Emil) was not included as one of the GPA and my mother insisted that her name be included, as she felt insecure since the document mentioned that Mel & Mike will be the people who will have the GPA over the property
A case was file against Emil by the rest & after a some years of legal battle the case was dismissed & no one took any interest regarding the property
Now after some years non of Joe’s Brothers or sisters are alive (Mike, Pat, Emil & Mel all passed away)
The house tax is still being paid in the name of Joe & there are no legal documents regarding the property
I & my Younger Sister are still living in the First floor
Pats family is living in the Ground floor and collecting Rent
After the death of Joe’s Brothers & sisters ,Pats elder Son started to claim that he is the Owner of the Property and created serious problems to his Mother & Brother and as a result Pats Mother & Younger Son moved to another house
Of late Pats elder Son claims that he is the Owner of the Property & has been getting drunk with Alcohol & behaving violently and has threatened to kill my sister & my Family
Last month Pats Son started to behave very violently and we called the Police Station & the Night patrol Police took him to the station & kept him there for a while and we filled a form at the police station stating the matter about his misbehavior, and later that night the younger son of Pat asked us not to file a case against his elder brother, So we had a compromise with an understanding that we will not be distributed or troubled in future
Recently Pat Elder sons Wife & Children has moved out of the House at the Moment as he has been beating his wife & Children under the influence of alcohol.
1. I would need advice on how I will be in better position to safe guard my family & myself as I return home late in the Night after my work and feel threatened and the necessary steps or precaution that I need to take incase anything happens for the WORST.
2. How I would be able to bring an end to this Property matter, without getting into any kind of misunderstanding with the rest of the share holders
3. Who would be the Right people that I would need to approach
4. Where & what kind of legal information I would need to refer to get a more better understanding of my current situation
“PLEASE ADVICE & HELP NEEDED AT THE EARLIEST.”
Thank you for your Support in advance
P.S. If I have overlooked or missed any information or details that will be helpful to you & me please email me & I would be glad to provide them
Raj Kumar Makkad
(Expert) 05 January 2010
It shall be better if you engage a local lawyer and seek his advice personally as there are various aspects which require your personal presence at the time of advice.
Sachin Bhatia
(Expert) 06 January 2010
Better to engage a local lawyer.
Y V Vishweshwar Rao
(Expert) 06 January 2010
I agree with learned friends , after going thorugh the facts of the case , it require close scruitny to take furhter course of action - It is better to take the help of the local Advocate and his services in this matter !
