Joint family despute
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
We had filed a case for our separate portion on the basis of 30 years possession on dated 28. may.2010. but till now we have got only inter rum. and my uncle and others regularly interfering in our portion.as they have their own separate portion. my mother and brother are not able to stop them to do so, they always use abusive language.my mother and brother are mentally harassed.we have the only this house as our asserts neither mother nor brother are able to earn.
will which my uncle is showing that is created in 2003. and my grand pa has expired in 2005. but we were not informed about this will.they are getting 10-15 thousand per month as rent from the whole house. but we cant even maintain our house. they dont let us do anything in even in our portion.
And if we challenge the will than can we got our portion ??? or it will be divided in all 8 parts. if yes than we will get nothing. as the value of the land is very low and we wont buy a new one as we have no saving with us.
prabhakar singh
(Expert) 16 September 2011
your question is very confusing?
yet i have tried my best to understand what you mean to say!
1.it is clear that you have filled a suit of injunction over the house portion in your possession due to interference of your uncle in which court has granted you interim injunction and nothing else has happen.
As it was filed on 28. may.2010. it is all right,nothing more can happen,there is procedure under which court cases move.
2.As you state,it appears that your grand father has executed some WILL in 2003 and died in 2005,the will is not in favor of your side but in side of your uncles who are troubling you.
Your this part of the fact is incomplete.
You need to tell me following facts so that i may be able to answer you more properly.
a]the property about which your grand father made the will was bought by him or was inherited by him from his father.?
b]how many sons and daughters your grand father had.??
c]your grandmother alive or dead.???
d]uncles with whom the dispute is are brother of your father,or they are remotely connected to you.????
d]who are beneficiaries in the will,i mean in whose favor the will is.?????
e]how many brothers and sisters you are?????
f] your father is alive!????
Querist :
Anonymous
(Querist) 16 September 2011
sir actly i have post my problm on 2nd sep in which i had explaind everything..nd the above was asked by u so...m here sending detail gain.
A)property had brought by my gran fa.
B)my grand fa had 4 sons nd 4 daughters.
C)grandma is alive
D)i have 1 sister married and 1 brother who s paralysed
E)my father has expired in 1999 and grand fa in 2005
D)my uncle is real brother of my father.
E)will is in favor of my grand ma who wants 2 give entire property to my uncle.
R.Ramachandran
(Expert) 16 September 2011
Dyr anyms,
snce ur gran fa bot d prprty nd gvn 2 ur gran ma thru vil, shi kan giv ntyr prprty 2 ur uncl.
Querist :
Anonymous
(Querist) 16 September 2011
sir, bt we are residing here 4rom last 30 years.nd our house is having 4 portion which my grand fa made 4 us.and he never said anything like this will.he always said this is your portion as other sons.
