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Vasudev (esxecutive)     27 May 2012

My uncle sold property

Dear Team,

my dad and my uncle are 2 sons for my dhadi (Grand mother)...  my dad passed away almost 20yrs back.

now we came to know that my uncle has sold the property without our knowledge (Me & my brother)  can he do this lawfully ? can he do this if my gand mothere mentioned only his name on her will???

we even not sure if she made any will... if any will my uncle has which is made by my grand mother how to get a copy of that?

And if there is no will at all can we demand our share of sold property??

 

 

Regards,

Vasudev.



Learning

 6 Replies

Deep Narayan (learning)     27 May 2012

Dear vasudev u have to move to court for all this replies,In the court only u can know that wheather ur dadi made any will after the court summons ur uncle and he has to submit the will paper which ur dadi had made.

if ur dadi had not made a will then case will be on side and u will be on strong ground.

even if the property is sold by ur uncle u can claim ur shares in the money earned by selling the land.

consult a good advocate.

Vasudev (esxecutive)     28 May 2012

Thanks a lot Mr. Deep....

 

Please let me know if its ancestral  property !! ??? please refer the attachment i have mentioned it how the property gained by them

 

 

Regards,

Vasudev

Deep Narayan (learning)     28 May 2012

Yes,I have seen the chart attached by u.

and ofcourse the property is ancestral bcoz it belongs to ur grndmother.

a property is called ancestral if it is of u grandparents(grandfather or grandmother) or of fore fathers.

in ur caes the property if grandmother is ancestral property of urs.

Vasudev (esxecutive)     30 May 2012

Thanks a lot,

 

I want to send the lawyer notice to him, but he lives some where in mumbai sopke to him on the phone and refused to give the address and infromed other ot not to disclose his address...

 

Now how can i send him a notice to share my dhadi's will ( If any) without having his residensial address...?

 

Regards,

Vasudev

Vasudev (esxecutive)     31 May 2012

Dear Team / Deep,

I spoke to him and confirmed that house is not sold to anyone but given to a relative to conduct pooja rituals every year.. he argues that he has spent lots of money for maintenance of the house from last 20 years, now asking to pay the share of the same inorder to get property share if sold to anyone else...

1 can he deny giving us our share for non payment of house maintenance share incurred by him??

Regards,

Vasudev.

Deep Narayan (learning)     01 June 2012

Dear vikas speaking morally,

first ask ur uncle that what amount spent by him on maintainance and pay half of that to him.

donot go for court on this pity issue as court will take time in solving these issue.

court may also follow the negotiation path and might ask u to pay the half amount spend by him.

ur case is simple and thus in my view u should not move to court coz it is loss of both time and money.

U have right on the property and u will get it anyhow

I recommend negotiation with uncle.

if the amount is very high then think of moving to court


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