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Devang (Test)     07 April 2015

Ancestoral property dispute

Hi,

My father and my uncle did a joint business for around 25 years in Kerala. Things went fine till my grandfather was alive since he always kept things equal between both the brothers (as my father was a comission agent for the business as he was doing a part time business in the side).

Since the death of my grandfather in the year 1996 things started going haywire. But since my grandmother was alive she somehow managed to keep my uncle in control. Since her death in 2006 , it has been dooms day. My fathers health has not been at its best with Parkinsons disease.
My Grandfather and Grandmother had not made a will , which gives both brothers equal right for the property. But my uncle has been staying there for 9 years now without paying half the rent to my father that could have been earned if he was staying at his own place. This has caused a financial loss for us up to appox 15 lakhs.

Apart from this , he was told not to enter the house by my Uncle and Aunt.

They are mentally harassing my parents who are 62, and I am not able to help them since I dont stay in the same city. I was wondering if it is possible to sue them for the financial loss they have caused us + the mental harassment caused to us.

 


Thanks

Devang



Learning

 2 Replies

K. GOPALAKRISHNAN (ADVOCATE)     07 April 2015

Dear Queriest,

 

Initiate legal action against your uncle by filing partition suit in appropriate civil court, since your grandfather had died intestate and your uncle cannot claim the properties without any document.  So consult a lawyer for filing suit.

Regards

K. Gopalakrishnan

1 Like

Devang (Test)     07 April 2015

Thanks for the reply, Is it possible to claim half the rent that could have been got if the house was rented out , as we have lost some good amount of money where he has enjoyed by staying in a luxurious house + earning rent for his own property .

My guess is the house could have fetched 15000 on an average per month X 9 years /2 = 8lakhs

 

Thanks

Devang


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