Injunction n Possession
Querist :
Anonymous
(Querist) 09 July 2011
This query is : Resolved
My Grandfather purchased a house in Delhi (now a commercial property) in the name of My father and Uncle duly registered in 1962. (we are not resident of Delhi) My father and Uncle gave the house to his sister (Bhuaji) somewhere in 1980 as she had no house in delhi for living My father died in 1981 and later on my father's sister (Bhuaji) too died. I was too young never knew that we had a house in delhi even Uncle who never involved in family matter never claimed any part of grandfather's property never told me though he is in my favour. In year 2004-05 I got the my Grandfather's will at my home duly registered and witnessed where i came to know about delhi's house. In the will it was not mentioned that the delhi's house is in the name of my father and uncle rather my grandfather stated that the his property including delhi house details of the address is also stated, to be given to my father and uncle. Based upon the will and some family meetings held i requested my cousin (son of my father's sister) to vacant the house, where he was agree to pay 50% of the market value and i was agree too, later on he (cousin) denied based upon the will i filed a suit in delhi Kadkadduma court for the permanent injunciton where my cousin filed the replication stating that this property never belong to my grandfather and he purchased this property from my uncle and my mother. he submitted a copy of sale deed made in 1982 afte the death of my father I withdraw the suit and court gave me the liberty to file fresh suit. Present situation My mother and my cousin died, before death my cousin made sale deed in the name of his wife she too passed away. My uncle alive but have memory problem treatment is going on age is about 81 yrs Please suggest me the possibilities to get the property.
Chanchal Nag Chowdhury
(Expert) 09 July 2011
U have stated about certain docs. that were produced in court. I suggest U check the authenticity of the docs. first.
How come your uncle & mother sold the property & U don't know. If the sale deed is registered & genuine, there is very little U can do about it.
