Property
kishore
(Querist) 23 October 2014
This query is : Resolved
There is a lady who is the only daughter of my paternal grandfather's fathers brother.she is married and her husband expired long back. She is not having any kids nor there is any one from her husband side.She was staying alone in her house and She has got expired recently. She did not write that house in anyone's name. But that ladies mothers sisters son is staying in the house now. My paternal grandfather's father was having 4 sons. I am the grandson of one son. Now my uncle (father's brother) is trying to fight and occupy that house and he is trying to give that house for a rent. He also wants to sell that house over a period and give it his to his daughter.I am not denying the fact that he will also have a share in that house. but no one in our family has never taken care of her and not even seen her even after she died.Please let me know how can this be countered if in case he tries to sell that house or he tries to give that house for a rent.
ajay sethi
(Expert) 23 October 2014
since lady died intestate property would devolve on her legal heirs as per provisions of succession act . one of the legal heirs cannot give said property on rent without consent of other legal heirs . further no sale can be done of said house without consent of other legal heirs . in the event he tries to sell property move court and obtain injunction restraining him form selling property . also apply for letters of administration from court as lady died intestate
Raj Kumar Makkad
(Expert) 24 October 2014
You shall have to come forward for the legal process. Obtain the property documents of that house with death certificate of that lady along-with the documents showing the linkage of that lady with you and then engage a local lawyer and file a civil suit for partition and possession against all other legal heirs of that lady.
Rajendra K Goyal
(Expert) 25 October 2014
Well advised, agree with the advice of expert raj kumar makkad.
T. Kalaiselvan, Advocate
(Expert) 25 October 2014
It is better you have a detailed consultation with a local lawyer conversant with the related law and proceed as per his further advise.
