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Sukhjinder Singh (trainer)     20 November 2009

Advise Needed On an urgent Family dispute Case

Hi,

Keeping it precise and short, Since my Grandfather has passed away, we are not aware of any will he has made or not, we are trying to reach out for solicters who he was associated with but have fail to get the will if there is any.

 

Now the complication.

My Grandfather had already diowned my only Chachaji from the property and had legally made the gazzette and everything was done. This leaves only 3 daughter alive and 2 legal Grandsons.

Since my dad has passed away long time, and chachaji disowned from the property, now my chachi is claiming her share , while she had already applied for Divorce and the case has been going on for 18 yrs. My Grandpa kept the chachi ji in his side of the bunglow and hasnt given any POA or any such authroity to her, he just kept her because of the kid brother.

Now i need to know legally since i am the heir to the property incl the other family member what and how shoud i /.we proceed since my chachi is willing to compromise or give us any document pertaining to my Grand Father.

I request an urgent help. Since i am living in mumbai i am guessing i have to come to delhi for the settlement of the dispute. we have been trying to sort it amicably but Chachi is not willing to. As far it is concern we are still not clear if she still can claim since Chacha has been disowned.

 

Any help is appreciated.

Regards

Sukhi



Learning

 13 Replies

Adv Archana Deshmukh (Practicing Advocate)     20 November 2009

 Your chachiji has no share in her own capacity. As your chachaji is legally disowned by your grandpa he won't get anything.

1 Like

Sanjeev Kuchhal (Publishers)     20 November 2009

Question would be that whether it is a self acquired property of your grandfather or its an ansesteral property.

In the latter case I doubt whether your grandfather had any right to disown your Chachaji from the property.

In case it is self-acquired property you chacha would have no share and neither your chachi can claim anything.

 

niranjan (civil practice)     21 November 2009

I  also have same opinion  as sanjeevji.

1 Like

Sukhjinder Singh (trainer)     21 November 2009

the property is self aquired by daddaji and my dad

K. Rajendra Prakash (Advocate)     22 November 2009

Since it is the self acquired property of your grandpa, your chachi cannot claim.

1 Like

Sukhjinder Singh (trainer)     23 November 2009

So now what shud be the first step from myside since i resisde in bombay how do u suggest the procedure and what needs to be done on asap

K. Rajendra Prakash (Advocate)     23 November 2009

"As far it is concern we are still not clear if she still can claim since Chacha has been disowned".

 Please wait and see.

Sukhjinder Singh (trainer)     23 November 2009

ur reply is confusing as other people say she cant claim on what ground u can come to conclusion can u be more specific

Sanjeev Kuchhal (Publishers)     23 November 2009

You chachi has got no independent right to claim any share. As per law she is entitled to the property to the extent of her husband's share (i.e. your chaha) and nothing more than that.

If it is a self -acquired property of your grandpa and he has disowned your chacha, there is no scope of any entitlement of your chacha or chachi.

1 Like

Sukhjinder Singh (trainer)     24 November 2009

after she filed her divorce ( case pending) and my Chacha disownment, my grandpa kept them thinking they might reconsile their diffrences but it never happened. Now after my Grandpa gone our family doesnt want her in the house. So now can u suggest us a simple but very effective way in short fastest and foolproof way of evicting her from the house on which she fails to get stay or she cannot challenge. Untill the matter get resolved in the court of law

girishankar (manager)     14 January 2010

Dear experts,

Please explain  me whether case is valid one or a maitanable one to admit in court if its been admitted in any source what to do? i am asking for my reference and on behalf of S.Singh.

Sukhjinder Singh (trainer)     03 February 2010

hi some case updates,

We have recd a interim order for my mother in the case and she has been issued the order to stay in the bunglow in the Front side where chachi resides.

now i need more advise.

 

Since chachi has taken all the documents related to the property in her possession

Should we execute the will of the year 88 or should the family go for partition case.

which should be quicker and much safer less cost wise  and should be more effective,

Since we dont have much docs in hands and the only will which we found is the year 88.

 

need quicker advise.

 

Cheers

 

Anil Agrawal (Retired)     20 February 2010

Please explain "disown" in legal parlance. Does it mean disinheritence?

Recently, Bhajan Lal, ex-CM, Haryana, disowned his younger son who converted to Islam to get married a second time without divorce from the first wife.

Does this 'disowning' means that he won't get any share in his father's property if Bhajan Lal leaves behind no WILL?


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