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pooja anant (Operations)     18 July 2008

Petrifying Situation for property distribution

Hello Everyone,

This with reference to a property in a prime location in Mumbai.

My uncle thats my mother brother is not ready to agree on a mutal property distribution, with the consultatin of our couple of well wishers in the family they advsied us to avoid court and other ways of availing property.

Now since its high we asked my uncle for a distribution of the same between three members my mother, grandmother and uncle (himself)We suggested him Three options as he is not in a condition to pay the price of the property.

1) Sell -

2) Pay us the money of our share by taking a loan.

3)We come there and stay and divde the basic utility bills.

He has refused to clearly to do any of the above and conveinced my grandmother to log a complain police station that my grandmothers life is endanger because of my mother so we dpont want her to come and stay.

Now we are very help less we are screwed from every way i just cant find a way out my mother was called to the police station since my gandmother has logged a complain...My mothers relation with my grandmother was very calm we really dont know what happend that she took such a step.This is not her thoght process.

This means that even if my uncle does anything to my grandmother my mother would be responsible for the unforeseen situations, moreover my mother has been for all ups and downs for my grandmother.My grandmother is trated like a servant where she stays

I belive that he is expert in forge he may have got a WILL of my grandfather ..,I am nit sure on the same,  however has been successful to get rid of this situation as of now.



Learning

 2 Replies

Indrajeet Dasgupta (Advocate)     18 July 2008

Firstly, if you are looking for an extra legal solution then this might not be the proper forum.

1) Your uncle or grandmother cannot restrain your mother from residing at the premises just by filing a criminal complaint. The Police cannot restarin your mother without initiating criminal proceedings.

2) If criminal proceedings are initated you should move for quashing the same.

3) File a suit for partition and get an order of interim injunction against your uncle and grandmother from stopping your ingress and egress in the property. If you mother has a room in the property - all the better. If the property is commercial and has some income - have a receiver appointed to collect the money and distribute the same.

4) If your grandmother is blameless she should be willing to reside with your mother and take necessary steps against your uncle. - If you can get your grandmother out of your uncles clutches equations will change.

5) SEE A LAWYER IMMEDIATELY!

6) Could not understand the last line of your query??

Guest (n/a)     19 July 2008

 


 


Thank you for your time and advice

 

I meant to say that I have seen my uncle a couple of times forging  signature so I don’t know if has done the same for my grand father WILL as I assume that there was a will which my grand father had not signed as it was sudden death.

 

Reference to your 3rd point the property is not commercial.

 

Reference to your 4th point I believe that my grandmother has taken this step under some pressure or else she is biased towards my uncle (her son).

 

As we have informed the secretary not to entertain any legal documents pertaining to the property from my uncle or grandmother as well, also according to the secretary the property is not under my grand mother name as well, so they say that it should be divide into equal shares and distributed to the heirs.

 

As you informed that I need to file a suit and claim for the property I request you to advise me on the below.

 

1)       How mush time would it take to resolve this issue?

2)       What is the amount that would go in approximately?

3)       Since the property value is around 70lacs what are the chance of him creating scenes in order to get rid of the distribution?

4)       Please advise if the compliant that he has done, rather thought and done in the police station is with a help of a lawyer?

5)       What the precautions that we need to take in order to go by the law and what are my rights to get the same?

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