My Maternal Grandfather passed away in 1978 leaving behind his house in Dehradun, Uttarakhand. house was built by him using own resources (taking loan from UP Avas Vikas in year 1962 for purchase of land & construction of house). He expired intestate leaving no will. He is survived by his wife, 04 daughters & a son.
1) Mother – (permanently bed ridden), in USA.,
2) Daugher1 –in USA
3) Daugher 2 (My mother) –in Dehradun & in possession of above house
4) Daugher 3 –in Cuttack, Orissa
5) Son –in USA
6) Daugher4 –in USA
After his death, documents were lying with Avas Vikas. When dispute started, an effort was put by all parties to trace them in Dehradun, Saharanpur & Lucknow so far no result. Guess they have been misplaced.
From 1978 to 1998 above house was in possession of son (Uncle) who was working in Public Sector & he had a tenant over there. In 1999, he left India & settled down in USA. Tenant who was staying there also vacated & since then my mother took custody of house. We have now another tenant who is living there.
My mother has been asking all 03 sisters + brother for disposal of house. There are no documents (Sale Deed, Property Transfer or any other) which we can use in legal court. My uncle claims that he had some papers taken out from Avak Vikas, but it seems impossible – if he had them, he would used them.
About 06 months back, we found that House Tax Bills previously carrying Grandfathers name had Son’s name(My Uncle’s). We went to Nagar Nigam & found Uncle had his name put in land records. He had submitted falsified NOCs from all sisters & grandmother, including my mother’s with forged signature. We had these documents TRUE COPIES taken out through RTI from Nagar Nagam. (I know merely having name in House Tax Recs does not make him owner but it showed his true intentions)
We filed a criminal case against Uncle by my mother on ground of forgery (still going on)
My mother asked 03 sisters & brother to give NOC for sale. They have refused verbally. We filed another civil case, challenging them to come to court. Summon was sent to Uncle in USA via post. Yet he neither responded to summon nor appeared in either of case (Criminal or Civil). It is now over a year, & exercise of going to court has become difficult for my mother at this age. Our lawyer tells us we can get ex-parte decision. Other lawyers tell us without NOC from all sister & brother, nothing can happen.
Considering scenario, – son & two daughters in USA refuse to pickup phone calls or respond to emails, not willing to give NOC, will not come to court & indicating through Daughter3, that they are no more interested in property but due to court case (they claim, has hurt their sentiments, they will not cooperate either). Where does that leave us?
Now tenant currently staying in house has started acting smart, telling us indirectly that since we are not owners of house, no rent is due on his part.My mother has turned ill because of all this. Please help us out.
Please also clarify:
-
What would be the decision of court considering that:
- None of party has documents related to property
- Defendant has not appear in court on given day allotted by the honorable court
- Can my mother & one more sister appear in front of Registrar for transfer of property?
- How do we find records of land acquired in 1962?
- In case any of party involved comes up with document related to above property, how to authenticate it?
