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SAM 111   14 November 2024

Property issue

Our family :

Grandfather (expired)- 
papa (expired) - mother - me - sister (married)
Bua (divorced in 1975 .living with us) - 
bua son -wife - son 1- son 2

Grandfather purchased property in 1970 .
Registered will in 2004 
bua son - half  ground floor + first floor + second floor 
Me - half  ground floor + third floor + fourth floor

Electricity supplies of the premises  was  disconnected . Our family could not repay the bank loans .
Bank had issued notice for possession of the premises . Grandfather  sold second , third ,fourth floor in 2009 to clear bank loans and other liabilities .We all are living on first floor in half portions  since 2009 as per oral mutual settlement .

Grandfather expired in 2012 .
Bua son got the names changed in electricity and water bills for both of us .
Bua son sent legal notice to me  and filed partition suit in 2024 for 1/2 share of ground floor .I have filed written statement and list of witnesses .Bua son has filed rejoinder .Case is at the stage of bua son evidence .next date of hearing is 10/01/2025

Grandfather had also made codocil will in 2006 for First floor in favour of son1 which was not disclosed by bua son in his partition suit but mentioned in his rejoinder that Son1 has also  transferred first floor rights through gift deed to his mother  in 2023 .

Bua son wife  has sent me and my mother legal notice to vacate half portion of First floor occupied by us .

Kindly advice further course of action



Learning

 4 Replies

RAKESH ISHI   14 November 2024

This is a complex family and legal matter, but by gathering all the necessary documents, asserting your grandfather’s will and codicil, and working closely with a lawyer, you should be able to challenge Bua's son’s claims and protect your interests, particularly with regard to the first floor. Your lawyer’s guidance in these matters will be crucial in navigating the partition suit and any potential claims from the bank or other family members.

SAM 111   14 November 2024

Sir ,thank you for your valuable advice

T. Kalaiselvan, Advocate (Advocate)     14 November 2024

Since the matter is subjudice and also it is not known that what your defence is, besides on the basis of additional information that your grandfather already sold some properties mentioned in the Will, hence without perusing the case papers, any advice given will be a sheer misguidance.

Dr. J C Vashista (Advocate )     15 November 2024

Seek opinion and advise of your lawyer who is well aware about facts and circumstances of the case, an able, competent and intelligent enough and obliged to satisfy your questions. 


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