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Aisha (Associate Professor)     31 December 2014

Illegal acquisition of the ancestral property

My father's sister's son is currently benefiting from the property which was acquired by my father legally. My father passed away a year ago. He first married my mother and deserted her when she was pregnant with me. Later he divorced her. Then he married another woman but they don't have any children. My mother passed away two years ago. 

My dad decided to construct a shopping complex in the above mentioned land which he acquired legally. Once the construction was over, he decided to leave it for rent. During this period his sister's son was with him and assisting my father to find a tenant, while I was in Chennai.  When the building was rented, my father was in ill health. Taking this as an advantage he frequently visited my father's home with his mother and grabbed all the documents related to the land. Then he even took my father to his home without the knowledge of my second mother and compelled him to give power of attorney in his mother's name. My father was totally unaware that all the legal documents were robbed from his house by his sister's son, moreover my second mother was working at that time. 

After my father's death , we got the legal heir certificate from the tashildhar office, stating me and my second mother as his legal heir. Once we got this, his sister's son put a case against us, stating  that his mother is the legal heir and I am not his daughter. He is keep on putting accusations against us so that he can get the legal heir certificate cancelled and acquire the entire property. 

Even the tenant is not paying the rent regularly to the bank. The bank also filed a DRT against me and my dad.when we tried to approach this sisters son he said he wants the entire property and wont give us the share for which we have the right. I am working in Chennai and since my parents are also dead, I dont have any support from relatives, so that I can approach him. he is working in a state government enterprise.

I dont know what to do, and totally helpless, Me and my second mother are suffering, he is keep on putting accusations against us and not allowing us to sell the property. Neither he is giving the documents related to the property and the bank is also not responding at all. We are totally helpless. Please give us a direction so that we sort this problem at the earliest. We would like to take your legal advice.

We are waiting for your reply.

Thanking you,,

Yours Sincerely,

Aisha



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