Dear Sir,
I want a legal opinion on a property dispute between my father & his uncle. This case was originally filed by my grand mother against my grand father's brother. My grand father died very early & as my grand mother being pregnant at the time was at her maternal home. She never went to her inlaws place. No male member of the family were major at the time. Due to this reason all the property went under the malmatdar on sangli (at the time belgaum was under the sangli court) after my father's uncle turned 18 yrs all the propery (namely agricultural lands, shops, house, cash & jewellery etc) was handed over to him. My grand mother never received any kind of maintenance from the family. So elders & well wishers of the family asked my fathers uncle to give some maintenace. He agreed to give Rs. 50 as maintenance. This was in the late 1930's. My grand mother side of the family we very lower middle class ppl & she had to bring 3 children on her own. She asked my fathers uncle to give Rs 100 as maintenance but he refused to do. This went on for quite a long time. Then in the year 1942 my grandmother put a case in court for divison of property. You might well be aware that how tedious & lengthy the indian court procedure is. After my father & my uncle reached the case wa transfered to my uncle & my father. It took nearly 30 yrs to get some kind of justice. In 1971 the bangalore high court passed the consent decree where the properties were divided. The valuation of the agricultural was suppose to be done by appointing a court commissioner & whosoever's valuation was more was suppose to give the excess amount so as to make the same equal. That as never done since my fathers uncle never approved of any commissioner appointed. due to bad financial condition my father & my uncle left the matter hanging & some of what properties which was received was sold by my father & my uncle. My father;s uncle enjoyed all the profits till the date. my fathers uncle new worked for a single day in his life. his was getting pension supposedly for being a freedom fighter. this march 2009 my fathers uncle expired. beforehis death he gifted the house to saraswat samaj alongwith cash of Rs 25 lacs. my father expired on my 29th 2007.
my question is can i contest the gifting of house & cash in the court of law. If so how do i go about doing it. Plz guide me in this. I am trying to get the papers from the court but im not getting them. plz help in this regard
