SATISH (eng) 02 October 2014

How to hold seperation of my grandfathers property.

Sir,

I am satish from tamilnadu, i am in deep trouble please help me out to get some solution,

My grandfather and grandmother (80 years old) are living in andra pradesh, they have 5 sons and two daughters, i am the son of their first daughter, we are living in tamil nadu, my grandparents are living in their house with my third maternal uncle, he is not allowing anyone of us to enter in to the house, and he is not taking care of my grandparents properly. now my third maternal uncle is claiming for the property and he and his wife is giving torture to our grandparents to give their share, bt all others are not willing to seperate the property now, so my third uncle wife is threatening us telling she will file a dowry case against all the rest of them if the property is not given to them, and she is claiming that the property belongs to my grandfather was acquired with dowry she bring in during her marriage, but the property belongs to my granpa he earn it by blood and sweat.. i cnt see my grandparents suffering, so please give me some solution to put and end to this problem legaly, or to make vacate them from the house and let my grandparents live in that house happilly for balance of their life. beacuse they want to spend their balance life in their hard earned house happily.

Please help

Regards,

Satish Kumar A

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2 Replies

ROHIT SHARMA (Legal Advisor ) 02 October 2014

Dear Mr. satish Kumar A,

1. In this case your father can go to A.P. and try and meet his father and mother.

2. If he is being refused entry in the house then he can file a police complaint against them alleging provoking for breach of peace.

3. This will make them come to have fear of law.

4. Later, he can also file a declaratory civil suit in A.P. seeking declaration of his legal right as being the legal heir of his parents and a vested contingent right of succession. This will ensure that in future your uncles will not be able to claim their shares without your father's involvement and consent.

4. He can also file such police complaint on behalf of his senior citizen parents alleging infliction of mental torture by your uncle upon them in context of the property.

Sandeep Naik (Advocate) 02 October 2014

(1) Your grandfather (your mother's father) has earned the property, the property is his 'self-acquired'.

(2) There is still no law that can make it mandatory to him to distribute his self-acquired property among all legal heirs.

(3) He can transfer his property to anyone of his legal heirs without the consent of rest of legal heirs.

(4) As far as the maintenance of your grandparents is concerned, you can advise them to file maintenance petition against your third maternal uncle. If only the third maternal uncle is looking after them.

(5) A police complaint can also be filed against the third maternal uncle for his behaviour, against his threatening, his neglect towards your grandparents etc. A complaint can also be filed against continuous threats by wife of your third maternal uncle.

(6) Whatever problem/torture your grandparents face with your third maternal uncle, only they can lodge complaint about it. And if your grandfather wishes to evict your third maternal uncle, then only he can be evicted from your grandfather's property.

(7) If your grandfather is willing to distribute his property among his all issues equally, i.e. among five sons and two daughters, he can do so irrespective of anyone's objection. So don't worry about claims of your third maternal uncle's wife, because the property is your grandfather's self-acquired property.

(8) For taking any action against your third maternal uncle and his wife, first take your grandparents in confidence, show them truth, then only any action against your third maternal uncle and against his wife will be successful.