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Divya (nil)     08 January 2010

Grandmother's Disputed Property

My grandmother expired in 1993 without making a will. She had 2 prime properties in her name.

I needed clarification for a few points below :

1) my chacha had his 50% rights in property which he had released them through a release deed which also indicated that his children & wife have no interest in those properties

2) However my chacha has been extensions & modifications on both properties without our consent.

3) He had also obtained NOC's from our bua's i.e. daughters of grandmother for their "no interest in those properties". But the NOC'S are with my chacha.

4) Can be booked under a criminal offence for doing illegal construction on the land where in he does not have a right. Does sec. 314 or other section help us.

5) My father wants to go in for injunction, if the court decides in future to distribute the property then how will they distribute. Do they consider only the children of the person expired.

6) Is there a way that the grand children can file a case at the same time for claiming their rights on property of grandmother, my father will be filing a case from his side. Can grandchildren take steps when father is alive.



Learning

 1 Replies

Dirgesh kumar sharma (Advocate)     10 January 2010

Hi

Your father is OK way and yes, you can take steps


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