Is the case still pending in the court? Was a life interest created in favour of your grandmother and then the property was to vest in your father? If the answer to this question is in affirmative then your father should file a suit for eviction of his uncle's children in the civil court.
Uncle asking for share when not in will
Hi all, i have a situation where my grandfather allowed his brother to stay at his place on top floor. He never asked for any rent. My grandfather's will had my grandmother and then passed on to my father. Now the children of my grandfathers brother are asking for a share in the property. The case was filed in court in 1998. They do not have any papers supporting their claim. The prperty has been transferred to my dads name now. Any suggestions what we could do as we are getting no where.
Asked 8 years ago in Family Law
Religion: Hindu
9 Answers
1. It is not clear what type of suit they have filed. However since they have no title in the property I d not think there is any immediate reason for worry.
2. However apart from defending their suit you must file a suit for eviction of licensee to get back the possession.
3. Unless you file the eviction suit you will not get back your area even if you win their suit.
1) granduncle children have no share in property
2) grand father merely permitted his brother to stay on top floor out of love and affection
3) issue legal notice to grand uncle children to vacate portion of house in their possession
4) if they fail to vacate file suit for eviction
File a counter case for eviction against them before civil court and claim peaceful vacant possession of property and claim damages also.
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1. You have mentioned "The case was filed in court in 1998". What case has been filed by you and against whom?
2. You shall have to file an eviction suit against them if the same has not yet been done.
3. Eviction suit takes long time to be disposed of.
4. There is hardly any chance for you to not to get favourable judgment but the only problem is that it will take a long time to be disposed of.
5. It may not be an impractical idea to get the matter settled with those people amicably by paying off some money acceptable to both of you.
So heres the full picture. Grandfather bought house in 1960 and he paid load for 20 years. They moved in, in 1975. My grandfather gave them notice to vacate in 1978 but they said no. My grandfather allowed them to stay till they have their own house. At this point my grandfather asked them to pay their share of tax for 1 floor and light bills. In 1998 my grandfather filed suit for eviction. against this they filed a a case asking for share as they claims that this is a part of my great grandfathers money. The case has just opened now in civil court. They have never padi any rent and they do not even have receipts of rent. We have all the documents. The issue is that it has taken so long. I dont know how long it will take to come to conclusion on this. Also what if they file a case in high court once they lose. Then again they will keep staying here. yesterday there was a hearing in a court for settlement outside. But they pretty much asked for share which is 50% of the properties value which no way we were going to give. The judge tried to tell them they cannot ask for share but can ask for the possession which would be max 15 lakh but they declined. It has just taken too long and I want it to end. My grandfather has passed away and the porperty has now been put under my fathers name. Any suggestions?
Asked 8 years ago
1) you have to continue with eviction suit
2) since your uncle is making unreasonable demands refuse to bow down and continue with the case
3) your uncles do not have 50 per cent share in property
the civil litigation has no end because when the matter lastly decided by the court then it is too late, it will be better to file a writ petition before high court and get a time frame order from the high Court for deciding the case, the trial court shall be bound to decide the case within time limit framed by the High Court.
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File eviction suit against the residents.
1. You are already in right track.
2. Did your father file any application seeking grant of probate of your grandfather's will? Without grant of probate, will has no value.
3. You have already filed the case and passed so many years and the case is heading final stage now.
4. It will be illogical to succumb to your uncles illogical demand now.
5. He has filed the partition suit which you shall have to contest fittingly submitting evidence in support of your claim that the said property was purchased by your grand father from his earnings and not from the money given by his father. even if your uncle can prove that your great grandfather had provided some money to your father (which will be impossible for him to prove), your argument should be that it was gifted to your grandfather by his father.
6. You should now pursue your case vigorously without succumbing to the pressure of your Uncle.