sudheerhr (n/a) 02 January 2010

Property

Respected Legal Experts,

My grand mother has old House, with her consent and Verbal Declared that property is yours My Mother (daughter) and My Father (Son -in- Law) . therefore my father has built 2 floor Building,and in due course Materinal Uncle (of My mother, Brother of My Grand Father) has occupied the house and started staying with us with out paying any rent since last 15 years, it is been learnt that he has helped my father financialy during the construction of building volunteraly and no documentation has been made either side. Now after 15 years he his climing money what he has helped, during these 15 years he has collected the rent s on the complete building, all these my Father has kept quite because my grand mother does not have any livelhood, now we all are staying in the same house and my grand mother also staying with us. Please help us how can we defend him (Materional Uncle of My Mother) he is Psychologicaly & Mentally trourchering my father and mother daily with rubissh words and threating them in their day to day life.

One thing My Grand Father is holding our Land Documents, he has taken the documents from my grand mother.

Please suggest us what to do for peaceful life.

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3 Replies

J.D.Sharma (lawyer) 06 January 2010

in order to answer your querry i need to know in whose name house stand in the records. of course you told that the documents of the house is in possession of your grand father, but it doesn't make any diff. One merely by holding the documents of the house cannot became the owner of the house. you have may alternatives to obtain the records. all the land records of the area you are living in is maintained State department. You can always visit those departments and obtain the copies of the same. Records obtained from these departments are as good as original one. It is these records the the entries therein which has got value in the eyes of law, not the possession of the records. so first thing first go and take these recors first. in case you don't know the department you have to visit, do tell me the area you are living in so that i can provide you the details of the department as they are different on area to area basis. once you got the records i will answer your all the other querries as firstly i need to know the status of the property in which you or your grand mother is holding the property.

sudheerhr (n/a) 06 January 2010

Dear Sir,

Thanks alot for your Response. The property is on my Grand Mother Name, and we are paying the Property Tax and we hold the receipts till date. We are in the poscession of Building, my grand mother satys in ground floor and my Parents stays in 1st floor. My Grand Father Stays in one part in the Ground Floor.

These days he is creating lot of problems, last sunday he tried to break the lock of our store room in the Ground Floor and who ever coming to my house ( to see my partents) he is scolding them and daily scolding my parents and my grand mother with rubbish words my mother got sick with his behaviour. what should we do now? My Grand Mother is ready to register the Property on my Mother's name under Gift Deed.

Please suggest.

we are staying in Warangal -500 002 Andhra Pradesh.

would be waiting for your early reply.

J.D.Sharma (lawyer) 06 January 2010

as per my information, there is 11 circle office i warangal which are

Kothagudem	Khammam -II	Fort Road
	Warangal	Beet Bazar, Warangal	Mahaboobabad
	Janagaom	Narasampet	Khammam -III
	Khammam -I	Ramannapet

find out the circle in which your house is located , visit the office and there yu can apply for the records of the house and land you are residing.

this will solve your one of the problem.

anyways as you have stated and i am taking you words as it is that the hous stands in the name of your grand mother, if this is the senario and your grand mother too wants to opt for the things you have just stated, then there is no problem what so ever in throwing the miscreant out. oyu have plenty of legal options to resort to

That he is tresspasser in the house, his being relative of yours in anyway doesn't help him legally to stay in the house, this being your grandmother property she can use it in the way she like. you can request her to transfer the property in your name by way of gift or sale any time and is she chooses, no body can stop the transfer, and after transfer you can chose the way you want to deal with the miscreant. Will is one of the option but remember it take effect only on the death of the testor ( the person making a will). The property can also devolve ulytimately on your mother she being the daughter and class I heir of your grandmother in case she dies intestate(without leaving any will or codicil). however if she dies intestate the property will devolve upon all the class I heir as per Hindu successsion act and your mother will only get a share along with the other sons or daughter including the children of any pre-deceased son or daughter if she had any, but if your mother is the only child it will devolve on her.

oral transfer, consent and verbal declaration is no where recognised as a valid transfer in Law, so the same has got no value in the eyes of law.

your grandmother can file a eviction petition against him, his status of living in the house nothing more than that of a tenant. She can file a suit for restraining him in anyway causing interferrance in peaceful living and enjoyment of the oher portion of property he is not residing in.

but remember all of this can only be done in case your grandmother is absolute owner of the property, so my suggestion to you is that before proceeding please do care to have a look into the records. please feel free to write in case you have any other querry.