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vasand (Member)     08 March 2010

Ancestral property in HUF

My grand-father who sired 9 children died in 1963 leaving behind real estate and farm land without a will. My uncle's son has rented the property out without the consent of my dad or other siblings. My dad does not have a home and has been living with me. He wants to move the court to take possession of his father's property. In this regard, he want's to know -

1) By virtue of him being homeless, without income  and old (77 y.o), will he get a priority in obtaining the  procession compared to a regular tenat eviction process ?

2) Approximately how long does the courts take to issue judgement on such matters ?

3) Can he initiate a criminal case as his brother's son has rented the premises without authority ?

4) If a criminal case is filed, will it assist in the civil aspect of the case.

 

Kudos to the luminaries who respond with helpful info. !



Learning

 3 Replies

Gundlapallis (Advocate)     08 March 2010

When did your uncle's son let out the property?  I mean how long ago.

vasand (Member)     08 March 2010

Since it is a housing complex, some units were rented out more than 20 years ago and some as recent as two years.

Gundlapallis (Advocate)     09 March 2010

Your father now has only one option - he has to file a suit for partition of property left by your grandpa.  Its too late to raise questions on validity of your uncle's son's acts.  Your father has slept over his rights and his share of rental incomes as you said its all happened to start some 20 yrs ago.    Contact a lawyer atleast now.  And there will be no priorities in consideration of age.  Eviction is not the course of action - whom do you want to evict?  How much time the court takes cannot be foretold, even if somebody promise so, dont believe.  Court will take its own time you have to wait for the judgement.  But, meantime you can always ask for some interim reliefs. 


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