query regarding Gift of property
saurabh sarda
(Querist) 17 March 2011
This query is : Resolved
Hello,
first of all i want to congratulate the people behind this briliant initaitive of online law consultation.
Sir, i have a very difficult situation and may be my query is too long for this post.But i would be greatefull if you can help me in this matter.
My mother family consisted of her father(who expired in yeah 1991) her mother who is alive and 4 siblings (3 brother and one sister), my mother being the eldest of all.in the year 1993 my father expired ina car accidnet after whcih we shifted to my mothers home. as my grandfather(mothers father) expired due to a heart attack, his property was divided equally among his five childrens and his wife equally.as there was no will created by him.
My grandfather was adopted child and even his father was adopted child in the family. so since generations the ancesteral preoperty (huge lands)was being passed to the generations.
However after my grandftaher expired, my elder uncle(who has studied law) took over as the elder family member and did all wrong things. he somehow managed many old documenst and divided the property in many parts. the ancestral property which comprises of some 42 hectaers land in the city was in the name of my grandfather, great gradfather and great grand fathers mother. so my uncle divided the land in the name of my grand father in 6 people(5 brothers and sister and grandmorther) but the other property which was in the name of my great grandftaher and her mother was divided amongst the three uncles, on the pretext that ancestoral property has the rights of only sons in the family.
Then the house property and the adjoining land was divided in the name of my grandfather and grandmother equally by my great grandfather was it was nowhere mentioned that which portion belongs to whom, it was oral dividataion as per papers.
My uncles seperated from my grand mother since last 15 years and they live seperately, they trpubled my grandmother a lot.so out of the bad behaviour my grandmother came to live with us and had made a will in the year 1996 in which she desired the entire property bedivided between her two dauthers.but my mother and aunt did not regsitered this will, as they did not feel the urge to. however in the year 2000 mu elder uncle came back to live with us and my grand mother, everything was going normal, but suddenly in the year 2002 when me and my mother was away, my uncle emotionaly blackmailed my grandmother to make a will of her property in his and name and said he will cancel it later. he very smartly first theft the old will(which was not registered )from the safe almira of my mother and instead of making a will he made a Gift from my grandmother in his name of the house shae and adjoining area surrounding it.
we came to know about this in the year 2006, when we and my grandmother questioned my uncle about this he became furios and left home again after fight with family again.
now my query is :
1
0the prooperty in question (my grandmothers property) was not divided share, it is no where mentioned which part of property belongs to my grand ftaher and which part wlongs to my grandmother , then how come my uncle can divide it and can take gift of the property he wanted?
2)does there is any rule that property belonging to ancestors (great grabdfather)is to be divided only in sons of the family and daugthers dont get any shares
3) my grandmother wants to cancel the gift and wants to get back her property from son,can we file a case against him, because my uncle is troubling my grand mother a lot and dont support her financially.
4)my grandmother has made a will of her remaining property in the name of het 2 dauthers in the year 2007 and we have registered it, is it fine with the will or should we make it a gift, because we are affraid that after my grand mother wont in this world, my uncle will want to have a share in her property and can shallnege the will.
4) please let me know how can we move ahead in this matter, also can you please suggest some good lawyer who can lead our case. as we belong to Akola city in maharshtra, where no lawyer is that good to fight our case, because our uncles are quite influential people here in town and the lawyers here are known to them.
we tried and discussed our case with many lawyers but no one wants to come forward to it.
please bear this long mail and kindly advise us the right way to go ahead with this case.
we entire family would be gratefull to you.
thanking you
saurabh
R.Ramachandran
(Expert) 17 March 2011
The matter required complete study of the documents. It will be advisable for you to contact a lawyer. This is especially so since you say that your uncle is also a lawyer. Therefore any over view comments based on the facts narrated by you, without really going through the documents and circumstances, would be of no real value and use to you. You have not indicated as to where you are presently situated. Depending upon that you can consult an appropriate lawyer. It will surely involve money, but you should not mind spending the money in case you want to protect the valuable property.
saurabh sarda
(Querist) 17 March 2011
sir,
thank you for your prompt reply, i am based out in pune city and the matter is in akola city.
i have tried consulting few lawyers in akola city but they dont wana fight agaisnt my uncle as they have good relations with him. i ahve also consulted some lawyers in Pune,w ho feel i have a strong case to fight and should file a case, but the problem again comes that the lawyers from pune wont be able to come and fight the case in akola due to there work commitmenst in Pune.
although my uncle has studies law, but he never practised as a lawyer, so sir your opinion based on my facts mentioned would be great guidnece to me.also if you know any lawyer whom i can consult and who can help me in this matter, then please let me know. it will be agreat help.
i know this will require money to be spended, and i am ready for that.
i would apprecaite your response and would look forward to hear your valuable advise soon.
thanking you
saurabh
