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krishna (architect)     17 July 2012

Grandfathers property

Hi,

My grandfather is mentally ill. He has some farm lands in his name. He has 2 sons namely (my father, my uncle). My father lives in mumbai and my uncle @ native place in varanasi.

My uncle got addicted to selling the farms and he sold 2 of them (including his part and our part).  My father then made legal agrement in court  between him,uncle and my grandfather which says that out of 12 parts 4 part my father can use,  4 parts my uncle and remaining 4 will be with grandfather till he is alive. After he dies his part of 4 can be distributed 50/50. Also no body can sell this land.

Recently my uncle showed up his habit again. Out of his 4 part he as sold 1 part by talking signature of my grandfather without even telling us.

My questions :

1. We are afraid that my uncle will take advantage of mentally ill father and sell up all lands belongin to him and my grandfather.

2.And when my grandfather dies he will come back gain saying that he has 50/50 rights on left over property (Which is actually ours)

Please help, he is really causing lot of tension @ my home.

thanks.

krishna.

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 July 2012

Hi Krishna,

You should at once seek a stay on any further sale on the property, and seek to set aside any sale made already (as being vitiated by undue influence/lack of consent or mental ability of grandfather.

 

Bharat Chugh

1 Like

krishna (architect)     17 July 2012

hello sir , thanks for your quick reply.

i spoke to some people about preparing the medical illness certificate and they said that my uncle will not allow grandfather to go to hospital for medical inspection, also grandfather himself would refuse to go to any hospital. So in these cases how can we make sure we generate the medical certificate of illness.

Is the medical certificate prerequisite before we stay the sale with reasons of "grandfather being mentally ill" ?

could you please help with high level procedure for mental illness certificate.

Also our core problem is when my father is not @native place , my uncle programs my grandfather that uncle is having so and so debt and to pay it land must me sold.  he then takes him to local govt office and proceeds with sale of land.

How can we stop this on permanent basis. can we divide property in 50/50 in our names before my grandfather dies.?

Also please suggest if any good lawyer in varanasi area.

thanks.

krishna.

rohit (owner)     12 September 2012

hi my grandfather had died a long time back .He had a shop in his name which was later divided on two parts on mutual understanding between me and my uncle as my father is no more can I make that property in my name as my uncle had already done it


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