NRI - ancestor property-police-court
Querist :
Anonymous
(Querist) 01 April 2011
This query is : Resolved
My NRI uncle(chahca)wants partition of ancestor residence property.There is not any specific prof(paper), that shows the owner of this disputed house is my grandfather(and my father die on 1975), my uncle hav just a letter that shows his father(my grand father) is the owner.But i hav only electricity bill on the name of my father since 1948, before 1948 there is not any record of electricity becaz my fahter made this house.
But i m very true person, i never speak lie, thats why will be agree with him that this disputer home is belong to my grand father.
Now he go to NRI police station and logged a complaint and want his part.
So plz tell me,
Is it possible the partition of residence home????
I m not ready for partition, he force me to do it,
So plz tell me, what happend in the partition of home.
House is under my possession.
i am only 10% owner of the house.
But after my father death this House is under my possession totally.
So he THREAT me, that they hav 90% share, that why i hav no right to liv in this home alone,
actualy they want to give this home to his daughter by power of attorney, but i m not ready to leav this house, me and my wife liv thr my childerns(3) liv outside(delhi and chandigarh), they(chacha(s)) said thr is 7 rooms, and share these with my daughter. but i m not ready, so tell me is it possible as per rule....?? is court force me that i share my home(with10% ownership) with other without i want(desire)??
Thanks
Raj Kumar Makkad
(Expert) 01 April 2011
If you remain insisting to speak truth and not to speak lie and even to concede tat the house belongs to your grand-father then your chacha ji has got every right to get the partition of residential house as per law and in that case you cannot refuse its partition but if your stand is otherwise then the sole letter in possession of your chacha ji has no legal value and you may be declared its sole owner i.e. legal heir of your father, who was its owner in possession from the date of its purchase till his death and after his demise, you are its sole and exclusive owner in possession.
adv. rajeev ( rajoo )
(Expert) 01 April 2011
Police cannot deal with the civil cases, if your uncle wants partition let him go to the court, he will have to prove that property is an ancestral property.
Querist :
Anonymous
(Querist) 01 April 2011
Mr. Raj,
what happend in partition of home, is court force me to share rooms andIis my chacha giv his power of attorney to other person to stay in my home on his behalf ??
i m sacred of my life with stay other people in my home...
