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Amit (MTS)     02 October 2014

Uncle claims share in property gifted to his son

Dear All,

     My father had bought a residential plot from my grand father and registry was done in his name. Later when house was constructed, uncle (my father's brother) and his family also started living in the house as per desire of grand father. After demise of grand father, my father has done a registered gift deed in my name. Now Uncle who still live in house has put a civil case on me stating that he has also spend money by selling his property in construction of this house so he should get half of this property. My mother is also on uncle's side and she is also party against me in case. They have asked to get stay so that I cannot sell it.

I have few questions:

1. Can this property be treated as ancestral property even my father was a buyer and paid money which is written in registration deed?

2. My grand father acquired this property from his own earnings and had no contribution from ancestral property.

2. Can I get property vacant and sell?

3. Can I sell the property legally even while case is going on as I have all papers in original?

 

Thanks for replies.

Regards.



Learning

 4 Replies

Hardeep (Business)     03 October 2014

Per facts given by you :

1) property is not ancestral.

2) you have sole right, others have no case.

3) you may file a suit for eviction after getting the stay vacated

4) Properly, you can't sell property the title to which is disputed till the dispute is decided.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Amit (MTS)     04 October 2014

Thanks Hardeep Ji. Uncle claims that he has also paid the money when the plot was bought from my grandfather but my father got it registered it in his name. This transaction happened in year 1979. He claims that his children's school documents has this address so he should get share too. He just want to somehow prove that he has half share on it.

Hardeep (Business)     05 October 2014

Since he was staying there obviously the school documents will have his address , he has no case IMHO. In case he has put a stay, seek lawyer advise on avenues open to you for damages due false case - let him also realise he may suffer due his false statements.

Amit (MTS)     06 October 2014

Thanks a lot Hardeep Ji. Your comments have given me boost to pursue the case. By the way, I love the idea to claim the damage and make them realize their wrong doings. Thanks once again !


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