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prem (General Manager)     13 September 2013

Property dispute

My Grand Father had purchased a house. He did not prepare any will and died. My Grand mother was a house wife only and there was no source of income. She was enjoying the rental income with her two sons for the past 42 years. Now my Grand Mother claims they had purchased this house by selling her father's jewels(shreedhan) for which there is no proof, and therefore she claims that it becomes a self acquired property and it is her right to decide whatever she wants to do with the property.

My mother when claimed a share in the property, was refused. Now they are deciding to demolish the house and make it a Flat. They have also obtained a Caveat in anticipation that there might be an interim injunction. They are proceeding with the demolition within next 1 week. Is it possible to stop the demolition and get the full rights of my mother who is a natural share holder by birth. We had also requested the documents of the house to prove the claim and she has refused to share any copies of the documents of the property with us.

Most importantly if in case the house is in her name (by virtue of my grand father buying it in her name) can we claim that it certainly is an ancestral property which belongs to my grand father since she had no income to buy a property (or) will it be termed as self acquired property since it is in her name.

Kindly advice us on this matter.

Regards,

Ganesh



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     13 September 2013

Mr. Prem,

Mere filing a caveat petition by the respondents will not stop you from  getting an injunction order against the respondents, if you have substantial documentary or any other evidence to prove that the property in dispute is likely to be demolished/alienated, you can approach the court of law with an injunction application along with a suit for partition.  In the partition suit it is your burden to prove that the property was purchased by your grandfather only;  That can be taken care of later on, but act swiftly to obtain an injunction order.  Adv Kalaiselvan, Vellore, Ph:+919443441062


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