We are living in a property in UP under the name of my grand mother as my grand father is no more. He had died about 24-25 yrs back since then my tauji has been paying the house tax. but now as we want the property to be distributed among all four brothers, we have received a legal notice from nagar palika stating that the only owner of property is my tauji since he has been paying the tax so far and he can ask us to leave the house any time. which is ridiculous as we can be on road anytime when ever he will want. Pls suggest what should we do in such difficult moment.
Thanks & Regards,
Asked in Property Law from Baraut, Uttar Pradesh
Is the property registered in your grand mother's name? Was it originally purchased by your grand father? If the property was purchased by your grand father then it belongs equally to all the four brothers after his death. Your uncle cannot assert to be the only owner of this property even if he has been paying the income tax regularly and the tax receipts are in his name. He cannot oust you from the house as it belongs equally to your father as well. Your father should file a case for division of property in the court to cull out his share therein. He may simultaneously seek a stay on the sale of the property by your uncle.
if property is registered in your grand mother name your uncle cannot claim to be sole owner of the house . you have not mentioned how property was registered in your grand mother name . if it was belonging to your grand father whether on his death all legal heirs have executed relinquishment deed for transfer of property in name of grand mother . if not executed all his legal heirs have equal share in property . contact a local lawyer file suit for partition .