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L.s.v.prasad Thonta   07 April 2021

Property rite

My grandfather land is rigistered on my father name as inheritance. Now my father's brother is threatening us to file a complaint on us. Did he really get share after Registration


 14 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 April 2021

Hello,

Your father's brother and your father  are legal heirs of  your grandfather. If the property is transfered by your grandfather during his life time then your father's brother will not have any claim. But it seems it is transfered after grand father's death. So your father's brother can claim the share in the property. 

L.s.v.prasad Thonta   07 April 2021

it's transfered before my grandfather died and they gave us only land we built the house now my Father's brother and my grandmother became agenda and threatening us to leave the house otherwise they are saying to bring back the house and land should it work that way?

Sanjay Narayandas (Advocate)     07 April 2021

Dear L.S.V.Prasad Thonta,

before your grandfather died, he gave your father the property by what method? Did he gift the property? Do you have the papers of that?

L.s.v.prasad Thonta   07 April 2021

yes i do have papers in the papers he mentioned as gift in the name of love and efection towards my father

Sanjay Narayandas (Advocate)     07 April 2021

And it is registered also?
1 Like

L.s.v.prasad Thonta   07 April 2021

Now my family became unity and asking us to left the house

Sanjay Narayandas (Advocate)     07 April 2021

Dear L.S.V Prasad Thonta,
Since you are saying that it is registered also and that too during the time of your grandfather's existence, so it won't be a problem. But, next time to be on safe side when he threatens, just do an audio recording on phone. That way, of some false cases are filed then you can use that proof to get the FIR quashed.
1 Like

Shashi Dhara   07 April 2021

Let he go to court ,defend it in court of law.

1 Like

L.s.v.prasad Thonta   07 April 2021

Hmm That time my father's brother signes the doc now he is lying and saying it's not mine and my aunt stating that his signatures won't valid will this real or not? and also my brother who is son of my father's brother son stating that he will also saying that he also have inheritance but that's my grandfather ancestors land will this any real?

Shashi Dhara   08 April 2021

Only civil court will decide it ,if u have patience ,time ,money to defend in court .

G.L.N. Prasad (Retired employee.)     08 April 2021

There is a limitation period for every transaction in litigation and a registered document can only be canceled through a competent court by filing a declaration suit.  Those who are not in possession of the property have to file a declaration suit and pay a court fee on the market value of the property and file such declaration suit within a limitation period.  In case of fraud, the opponents have to file the suit within 3 years from the date of knowledge.

Hindu law is having a double edge and complicated to interpret without knowing the facts.  If the property is not divided in metes and bounds in an undivided family, any of the co-sharer may have the property in his name as Trustee.  That means if the family is undivided, the burden of proof that the family is undivided and the property was acquired during such period is on your father.  The presumption is that a Hindu family is undivided when there is no such evidence of partition.  That means as a co-sharer your father is having such property in his name and may not amount to exclusive possession.  The contents of such title deed is important.  The chronological events are more relevant.

Finally, the opponents have to file a declaration suit against you which may take decades and defend when such suit is filed and do not be disturbed if your father has obtained the property in a legal and justified manner.

Sankaranarayanan (Advocate)     09 April 2021

If the title of the property  transferred to your father by way of registered  document then your uncle have no rights over the property

L.s.v.prasad Thonta   09 April 2021

His son also doesn't have right sir? because he is threatening its ancestral property 

Sanjay Narayandas (Advocate)     11 April 2021

Sir, 

if your father's brother himself doesn't have a right over the property, then there is no way that his son will have. 


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