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Cav (Manager)     07 May 2012

Right of my or my kids on the property of my grandfather.

My Grand father bought a property in 1947 and didnt do a will when he passed away. He had two sons and a daughter. The daughter and the wife of my grandfather signed a no objection certificate and signed the property on the names of two brothers.

The older brother, emotionally blackmailed the younger brother and gave him 48000Rs only (much less than the property values that time) and made the younger brother sign the property in his name. The division happened in 1978. The older brother has been living there with his wife in that house since. They have one daughter and the last time we heard they have transfered the property in their grand daughters name.


Current situation. I am the daughter of the younger brother and feel that it was sheer unjustice to me, and  my older sister and our childern. Do you think is there any way possible for me or our kids to fight a case and ask for a rightful share? Any suggestion/help/answers would be greatly appreciated.

Many thanks!



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 May 2012

Dear Querist,

You've not mentioned how did the widow of grandfather/daughter & later younger son - relinquished their right in favour of the elder son ? If the relinquishment (respective relinquihsments i must say) have been by way of instrument unregistered - they are of no effect and hence interests subsists. 

I am also inquisitive to know how did the division happened in 1978 ? 

 

Feel free to email with complete facts !

Cav (Manager)     08 May 2012

Hello Mr Chugh, thank you so much for your prompt reply.

My grandmother and aunt never wanted any thing to do with the property and so gave a written statement that they would want both the brothers to have the property. The younger brother signed a registered transfer in court in front of the judge, agreeing to the terms and conditions the elder brother wanted. 

The elder brother said that the value of the property is 96000Rs and hence he gave 48000 to the younger brother. Though the similar house of a neighbour sold for more than 400000 during the same time.

So with this new information do you thing anything can be done or is it a lost case?

chandan (none)     08 May 2012

hi, this is chandan. My father was passed away in dec 2011. we are three brother and a sister. My second no. brother wants take his share in the property of my father, whose nomine is my mother. he threatned a lot and he and his father-in-law compel us to write a part of my father property to him. My father build a big house in patna worth 50 lac and 2 acre of agricultural land.

Please give me the advice, is it any right to my brother in the father's property and what we do about the threat they give us. Please give me the legal advice.


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