Regarding my grandfather house property .
SEKHARAN
(Querist) 19 May 2014
This query is : Resolved
sir
my grandfather has 5 sons and 3 daughters
and my father is 1st son . 28yrs back in 1984 after my grandfather death the property was forcely registered in the name of the other 2 sons ( my fathers brothers)in the interest of my grandmothers will and may be in the presence of local MAGISTRATE exactly we dont know because i was very young. They have taken all the mandatory signatures of all the legal heirs. The other 6 legalheirs are welloff and they are not interested for property share. As the 2 sons(my fathers young brothers) have committed to my father & mother that in future they will give the share in land but failed. Now my father died 2 yrs back . now when iam asking for property share they are ignoring and recently they have made agreement with the builder and started constructing apartment.
please suggest legal remedy.my age is 40yrs now, and my mother is alive 67yrs old.
Raj Kumar Makkad
(Expert) 19 May 2014
First of all obtain the certified copies of the all the documents from the concerned offices and only thereafter you shall be in a better position to explain the situation to a local lawyer and then follow his advice.
SEKHARAN
(Querist) 19 May 2014
thnx sir ,my friend told me that as per the registrations act after three years no claim on the property can be raised is it true because my case almost 28yrs old
ajay sethi
(Expert) 19 May 2014
what was your father doing for 26 years? all the legal heirs have signed documents wherein property was transferred in name of your 2 uncles . if the registration was vitiated by fraud your father should have taken necessary legal proceedings . it is too late now
Rajendra K Goyal
(Expert) 20 May 2014
Consult a local lawyer and show him all the documents.
You have a weak case due to time passed.
T. Kalaiselvan, Advocate
(Expert) 20 May 2014
Even in my opinion, your case appears to be very weak. You say that your age is 40 years, it means even you have kept mum for almost 22years after attaining majority of age because, if the property is of ancestral nature, you could have brought the issue of partition seeking your legitimate share, but your position for that also seems to be hopelessly weak, consult a local lawyer.
Dr J C Vashista
(Expert) 25 May 2014
Show the documents to local lawyer and proceed