Civil and property injustice


Hi,

Recently, my dad passed away which I was unaware of since I was unnotified (so unfare) about it and also it might be because my parents were divorced. 

After which I was introduced to a whole new world of partitions, property, succession, etc..

My grandfather (passed away) has a house which was supposedly passed on to my grandmother (also passed away in 2014). Now my grandparents have 2 kids - Elder being daughter (my aunt) and younger being Son (my dad). The property is still under my grandpa's name.

My dad passed away in 2016 after which my aunt came up to me claiming that she has equal rights in the property and wants a share.

Prior to all of this, there is a case still going on since I was a child where my mom as a plaintiff is fighting on my behalf(i was a minor then) for the grandchild property share for my education and upbringing, which was against all 3 (my grandmother, father and aunt).

Now that my grandmother and father has passed away, I would like to know if the case is still valid or is it a void case.

Also, since my aunt (born 1945) has come up to me claiming for the house property and several other shares which I am actually unaware of, I would like to know if:

 1. Is the property considered ancestral? 

 2. Will my aunt get a share in the property?

 3. My aunt also has taken all other belongings like gold, bank money, additional properties etc.. of my grandmother and when my mom asked about it she said through her lawyer(actually my dad's lawyer) that  it belongs to only daughters and she's the legal owner of that stuff and will not give me anything in it.

 4. I was also informed by my aunt and dad's lawyer that my dad had some accounts, land and shares and my grandmother had a joint account with me, when asked for the papers, I got the xeror copies instead of originals and was notified that I would get the original documents when I come into an agreement with them in regards to the house property that I am willing to sell my share to her or a third party builder.

 5. I didn't want to lose my dad's memories so, I informed my dad's lawyer who is now fighting for my aunt that since there's already a case going on, if my aunt should legally get a share, the judge would declare that and that she can take the other half but she instead wants me to sell off mine or she'll not disclose my dad's belongings original documents.

 6. When talked to my lawyer, he says that now my father has passed away I get nothing and it's better to compromise and take what my aunt is giving me silently(money). Both the lawyer's are convincing me to compromise about the property. I would like to know if there's a way to survive and get what is mine, if there's any.

 7. Since I thought something was fishy, I said I would like to have a look at the house documents before, but that's when my aunt and lawyer mentioned that they don't have the house documents and they could not find them and also mentioned that they found a locker key and will only give those details on a condition, if I sign on the agreement papers for which I responded, what if the locker had property docs and was under my name, for which Both the lawyers said that I will have to file a case and fight for the justice again for my property which would last for another 11 years; so instead calmly compromise for whatever they are giving me.

 My mother has neither taken a single penny from my dad nor his family and now all of a sudden I am pressurized for something that I was never known of.

This situation made me question the Indian law. I genuiunely thought if I had to get something legally, I would but despite being only child of my late father, I never imagined I'll be blackmailed for what is mine. However, all of this seems like the case has been compromised internally between my aunt, my dad's lawyer and my lawyer. I'm explicitly reaching out here about this concern to find if there are any other ways I could resolve this issue and for what is legally mine.

P.S. I have found out about "Legal Heir Certificate" but my lawyer said he would process if on a condition. You guessed right, "compromise into an aggreement with the house property".

I was brought up by mom by default, no one fought for custody.

Kindly, please help me out. I sincerely appreciate your time and effort.

Thank you,

lavanya

 
Reply   
 

First things first, you should change your lawyer if he is advising you not to go to court as it may take a long time. (it may take time, but justice will be done). Prior to 2015 women were not given right in ancestoral property. Hence your father inherited the property from your grandparent in 2014 and when he passed away it should be inherited by you and your mother.. Get your legal heir certificate and file for the succession of the Property in question, you will have to pay court fees and lawyers fees, but it should be doable. Take all the documents in your possession and meet a lawyer and he should be able to help you out...
 
Reply   
 



First things first, you should change your lawyer if he is advising you not to go to court as it may take a long time. (it may take time, but justice will be done). Prior to 2015 women were not given right in ancestoral property. Hence your father inherited the property from your grandparent in 2014 and when he passed away it should be inherited by you and your mother.. Get your legal heir certificate and file for the succession of the Property in question, you will have to pay court fees and lawyers fees, but it should be doable. Take all the documents in your possession and meet a lawyer and he should be able to help you out...
 
Reply   
 

First things first, you should change your lawyer if he is advising you not to go to court as it may take a long time. (it may take time, but justice will be done). Prior to 2015 women were not given right in ancestoral property. Hence your father inherited the property from your grandparent in 2014 and when he passed away it should be inherited by you and your mother.. Get your legal heir certificate and file for the succession of the Property in question, you will have to pay court fees and lawyers fees, but it should be doable. Take all the documents in your possession and meet a lawyer and he should be able to help you out...
 
Reply   
 
Lawyer

Too long a story, no time to go through and oblige.

Consult your lawyer or change your lawyer for better appreciation of facts, guidance and proceeding.

 
Reply   
 

Dear Lavanya k
please share your email for further communication
 
Reply   
 
Retired employee.

It is crystal clear from your post that there was unholy nexus between advocates and they are misleading you and coercing you to enter into a compromise.  Forget that you can come out of the issue through guidance from an online forum.  As advised by experts, contact a reliable lawyer and get copies of such land documents, locker opening form and all documents pertaining to your father. You can get them by obtaining a legal heir certificate.  The costs are less then Rs.100/- and time frame for issuing such certificate is normally one week and maximum one month and advocate's interference is not at all required.  Do not worry and first get a commanding position to bargain, and then enter into a compromise as per your terms and conditions and get the award from Legal services authority.

 
Reply   
 
Advocate

You and your mother have a share in the movable and immovable through your late father. The right is laready vested with you.

 
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