UNCLE TRYING TO SWALLOW ALL OF MY MOTHER'S SHARE IN MY GRAND FATHER'S PROPERTY, PLS HELP!!!
uways ahmed
(Querist) 27 March 2011
This query is : Resolved
My late maternal Grandfather having 4 daughters(of which my mother is one) and 1 son has left behind a will which gifts all of his property to the only son leaving all for daughters penniless.
my uncle the only son to my grand father has forcefully obtained my mother's signatures on a relinquishment deed which clearly cancels all of my mother's rights in my grandfather's property, however,
the signatures made by mother were not her authentic ones and were made in capital letrs.
It was subsequently discovered that the papers all my aunts signed were relinquishment deeds as well.
my grand mother passed away recently and during the distribution of her jewelry left behind, my uncle emotionally threatened my mother saying she would loose the jewelry too if she dint sign the papers, my mother unaware of what the papers are about reluctantly signed her name in capitals, in return my uncle gave her the jewelry due and a cheque for an amount 1/500th of my grandfathers entire property value, we have not cashed the cheque yet.
pls help us in encountering this, neither of my aunts or my mom are financially healthy and we all have been cheated and are morally shattered.
Guest
(Expert) 27 March 2011
YOU MAY FILE A CIVIL SUIT FOR PARTITION IN THE CIVIL COURT MENTIONING ALL FACTS.COURT WILL ISSUE NOTICE TO ALL HEIRS AND DIVIDE THE PROPERTY .GOOD LUCK.
R.Ramachandran
(Expert) 28 March 2011
You say that your maternal grand father left a WILL giving away all his properties to his only son, and giving nothing to his daughters.
If this is true, then the question of your uncle taking any relinquishment deed from your mother or aunts does not arise. For he has no need to take such relinquishment deeds, since on the strength of the Will itself he can get entire property to himself.
So be clear on your facts.
uways ahmed
(Querist) 28 March 2011
but sir, mohommadan law doesnt allow more than 1/3 to be bequeathed unless a relinquishmnet deed is obtained frm the co-heirs.
