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Jayaprakash B (NA)     04 May 2013

Share on property- clarification

My grandfather had a property in a town and he had allocated the property orally to my father who has 2 brothers.  The property value was around 60,000 in early 80’s and my father had given Rs.20,000 to each of the brothers. No deed was signed for this transaction. They used it for buying a land and constructing a house in various other parts of the town. My grandfather died in 1985 and my father registered the property in his name in 2010 and both the brothers had signed the deed.

My father expired in Nov,2010. I live another city and I have given the property for rent. Now after 2years, my relationship with one of my father’s brothers had bruised and he is planning to put me in trouble. I am hearing that in near future he is planning to go to court saying that he did not receive any money from my father and that he is eligible for a share in the property. Also he threatens that he would lock the house.

What should I do if he moves to court? Is there any preventive measure that I could take? Will it be possible for any police action if he is forcefully locking the house with goondas?



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 May 2013

If he goes to the court seeking money, it is bad case for him. Only after going thru., the case papers correct answer can be given.

Goutam Prasad (Advocate)     04 May 2013

In property matters most appropriate suggestion can be given ony after going through the complete documents.

But, based on your statements, if I try to inform you, I can only tell you that if property in registered in name of your father at present, your uncle can not do anything legally. If he tries to lock your house through local gondas forcefully, you can call police for removing them, who happens to be trespassers.

 

Goutam Prasad

Advocate

Supreme Court of India

 

Mob: 9810753838

 

https://www.facebook.com/aegisjurist

Ajit Singh Cheema (practising Advocate)     04 May 2013

Wait and watch may be the best policy .You definitely have a strong case , but remain watchful and vigilent .what you expect may never happen.


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