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Torture by uncle @ grandparents

(Querist) 12 July 2009 This query is : Resolved 
Sir, currently me and my parents are experiencing a rough period. My dad's company has closed and he is now jobless. My uncle, aunt and my grandparents are regularly tormenting us on various issues and quarrelling with my parents. Sometimes they stop our water supply and sometimes they force drain water in our house. They are also regularly threatening us to make us leave the house which is in the name of my grand mother. I'm a student and not financially independent. I feel helpless being unable to help my parents. Please guide me with proper legal procedure.
Thanks.
A V Vishal (Expert) 12 July 2009
Joy,

As per the query, the house belongs to your grandpa,it is unclear whether it is self acquired or ansectral, however, if it is the former then there cannot be done much except compromise and leave the place, but, in case of the latter you can seek partition of the property and ask for your share.
Joy (Querist) 13 July 2009
The house was built by grandfather when he seperated from his brothers. . The first floor was built by taking money from my father. . Wot do u mean by the term compromise. . . Is there really no hope for us?
RAKHI BUDHIRAJA ADVOCATE (Expert) 13 July 2009
U should file a suit for partition.
A V Vishal (Expert) 13 July 2009
Joy,

Is there proof/evidence to support the claim that the First floor was built out of your father's sources of Income, if you then something can be thought of. Further, you are still unclear as to how the house was built, as per your statement, the house was constructed after your grandpa separated from his brothers, did he built it from any share he received out from the separation i.e division of the ansectral property.
Jayashree Hariharan (Expert) 13 July 2009
Is there any proof that your father gave him money for building the first floor, like cheque or DD, or agreement, etc. If so no one can do anything to you. If the property is ancestral of your grandfather, go for partition immediately. You can also approach the police also, against the threaten, if you wish to.

God bless.
Joy (Querist) 14 July 2009
The land for this building was purchased by my grandfather, when they were living in the ancestral house. After few years this house was built by my grandfather and was given on rent. Few years later my grand parents, uncle and my dad started living in this building and the old house remained vacant. That old house was later sold by my grandparent. My dad has no such proof like DD no. Or cheque no. as it is a matter of many years ago. That's all that i can tell bout it. Wot should we do?
Joy (Querist) 14 July 2009
The land for this building was purchased by my grandfather, when they were living in the ancestral house. After few years this house was built by my grandfather and was given on rent. Few years later my grand parents, uncle and my dad started living in this building and the old house remained vacant. That old house was later sold by my grandparent. My dad has no such proof like DD no. Or cheque no. as it is a matter of many years ago. That's all that i can tell bout it. Wot should we do?
Joy (Querist) 14 July 2009
The land for this building was purchased by my grandfather, when they were living in the ancestral house. After few years this house was built by my grandfather and was given on rent. Few years later my grand parents, uncle and my dad started living in this building and the old house remained vacant. That old house was later sold by my grandparent. My dad has no such proof like DD no. Or cheque no. as it is a matter of many years ago. That's all that i can tell bout it. Wot should we do?
Joy (Querist) 14 July 2009
The land for this building was purchased by my grandfather, when they were living in the ancestral house. After few years this house was built by my grandfather and was given on rent. Few years later my grand parents, uncle and my dad started living in this building and the old house remained vacant. That old house was later sold by my grandparent. My dad has no such proof like DD no. Or cheque no. as it is a matter of many years ago. That's all that i can tell bout it. Wot should we do?
A V Vishal (Expert) 15 July 2009
Since the house is built by your grandfather from his own sources of income, there cannot be done much in the case until you can prove somehow that even your father contributed a part of his money in the construction.
Mukul Aggarwal (Expert) 16 July 2009
I would advice you that you file a suit for permanant injunction against your uncle and grand parents..

Court will ensure that all the nuisance be stopped..

This is immediate relief you can get..
Thanks
Mukul


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