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Harrasment of my grandparents by my maternal uncle

Querist : Anonymous (Querist) 06 June 2024 This query is : Resolved 
in the year 2004 my grandfather bought a piece of land in the name of their son. later in the year 2010 my grandfather started building a house on the said land. from the year 2011 we ( My Grandparents along with me ) started living on the house. one more thing to note here, that his son who is now a professor of Jadavpur university had left home in the year 2000 and never returned back until he had a angioplasty (cardiac surgey) in the year 2018. Being their grand child they raised me form my early childhood as my mother died when my age was 4. since then i am living in my grandparents house. now the son wants to evacuate that house which was build in his land. He is harrasing my grandparents by the help of local political party members. he is sending police frequently to our house to threat us. he is not leaving any stone unturned to harrass us. what should we do ?
T. Kalaiselvan, Advocate (Expert) 06 June 2024
The property was bought on the name of the son by his father in the year 2004 but you ave stated that the son left his father in the year 200 itself and returned only in the year 2018, then how come this purchase of property on his son's be possible if his son was not at all available.
Even if it is presumed that the property was purchase in the name of son, how could his father build a house over the vacant land when the vacant site never belonged to him?
Your grandfather can file a suit for injunction against his son to restrain him from forcibly evicting him from the property other than by due process of law.
Sudhir Kumar, Advocate (Expert) 07 June 2024
Your uncle appears to be well within his rights.
P. Venu (Expert) 07 June 2024
Title of the property appears to favour the uncle. However, your grandfather can seek protection under Senior Citizen's Act. Anyhow, it is illegal for the Police to interfere in the matter.

What do you mean by "my grandfather bought a piece of land in the name of their son". Is it that the grandfather had paid the purchase money?
Querist : Anonymous (Querist) 07 June 2024
T.Kalaiselvan Sir,
Sir then let me tell you the whole incident , when my mother died my father refused to take my responsibility , then my grandparents kept me in their home, this instigated my maternal uncle to leave his house, he repeatedly forced my grandparents to throw me away to my father. when he left the house he used to study in Jadavpur University. He used to take monitory helps from my grandfather. My grandfather is a farmer. He had contact with my grandfather . My Maternal uncle asked my grandfather to purchase a piece of land to him in the city , so my grandfather did after consulting with my grandmother. There was no plan to build a house on the same plot until my grandmother forced my grandfather to build a house for their son. On that circumstances my grandfather took a nod from him that whether to build it or not , he nodded that ok build , when the house building process was ongoing he was pursuing his Phd. He didn't had enough money to build it. My grandfather paid the whole amount to purchase as well as build the house. In the year 2016 he asked my grandparents to leave the house so that he can sell the house to someone and take the whole money and purchase a flat for himself in Kolkata. One more thing He said everyone that he is not married till now. He didn't take any responsibility of my grandparents. in last 10 years my grandfather was detected with Renal cell carcinoma ( type of kidney cancer ) . After which he was detected with artery blockage of heart, he never came and neither helped us. Currently few months back my grandfather had a Cardiac Bypass surgery. Financially we are almost finished. Don't even know what to do
Querist : Anonymous (Querist) 07 June 2024
P.Venu Sir,
Yes Sir My grandfather paid the whole amount to purchase the land as well as to build the house for their only son ( because my grandparents had 3 child ( 1 son and 2 daughter )
kavksatyanarayana (Expert) 08 June 2024
In the year 2004, your grandfather purchased the land in the name of his son and the presence of his son was not necessary at the time of registration of the sale deed. So his son is the absolute owner of the land. At the request of your grandmother, your grandfather built the building. If your uncle neglects your grandparents, they can seek direction from the court under the Senior Citizen Welfare Act. The query seems that you are against your uncle in my view.

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