My uncles are troubling my family with property issues
Hello am from kachiguda, Hyderabad. My grandfather's part of property was divided amongst his three sons(including my father, my father is the second son) few years ago. We had many disputes while the division was held.(division occured this way: Ground floor was divided to three of them and each of 1st, 2nd, 3rd floor to each son). The part belonging to my father is registered in his name. Another part of land is registered in the name of all three brothers and the actual property papers are with the youngest son. My father has three daughters(which obviously includes me). My uncle always had eye on our property and has always troubled us even after the property partition. He used to discard our electricity bills and tried wrest our land from us in the past. He not letting us and other uncle’s family to use the water supply which was decided to be used by all three families.
My doubt is whether he can transfer the property to his name without our consent or involvement ? I could only verify the status in property tax site(GHMC site)
I want to verify the status of registration of our existing land, but i don't know the process of it.
It would be very helpful if you could brief me the process.
Another concern is we dint receive this month's electricity bill, later got to know that someone has paid our bill. I doubt this might be done by my uncle just to trouble us. Can this electricity bill be of any use to my uncle?
Should we lodge a complaint about this?
If he alone was not enough, another uncle of mine(my father's cousin) has also started troubling us. His son (aged 25 years) has done a small ritual in the marriage ceremony of my two elder sisters. For this thing alone he started believing that his son has rights on our property. He even threatened my mother to legally adopt their son in fit of anger else he would take legal action against us.
Can he use my father’s thumb prints or signature to generate adoption papers?
My mother had a slightly bitter argument with him upon this.
My doubt in this case is can he arrange adoption papers by himself without my parents consent?
Can he be any threat to us?
Can i relate the electricity bill issue with him?
Please help me understand the legal aspect of these issues?
My mother is having hard time because of these doubts. I want to clear the air once and for all
What measures should i take to be on the safer side from both my uncles?
Please suggest any documents or sites which can help me resolving and understanding these issues.
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
1. The thread of adoption has no legs to stand in court. So ignore such threats.
2. To safeguard the properties falling in the share of your father , do file a suit for partition on metes and bounds and ask for injunction in the form of restraint order so your uncles may not encroach share of your father or transfer the same to a third party.
3. if the court pass order of injunction you may breathe a shie of relief.
1) In order to get the status of registration of the property you need to get a property search done. It will give you details of any mutation that may have taken place , any transfer ,mortgage etc. Get the help of an advocate locally for the search done.
2) There is no concern about someone paying your electricity bill. Be thankful to the someone who did it. However get a duplicate copy to find out if the bill has been fraudulently changed into someone else's name.
3) Regarding the threats that the uncle's son is giving you , please lodge a police complaint. You can also complain about the source of water being hindered
1) it is advisable to take property search for last 30 years
2) obtain certified copy of title deeds of property , partition deed among family members
3) if deed of partition has been done among family members it is binding upon all the members
4) mere payment of electricity bills does not confer any title on property . receipt will continue to be issued in your father name as electricity meter is in his name .
5) no adoption can be done without formal deed of adoption being executed by biological parents in favour of your parents
6) cousin son who is 25 years old cannot be adopted .
7) advisable to contact a local lawyer
1. The property is transferred if the owner executes and registers a conveyance deed. In your case the property has already been registered in the name of your father and if he does not sign the deed, his property can not be owned by anybody during his lifetime,
2. You can conduct a registry office search in connection with your said property through a lawyer to be confirmed about its present ownership,
3. Payment of electricity bill by some one is alarming. Some one probably is planning to claim your property demanding that he has been paying the bill. Immediately lodge a complaint before the electricity department and pay the bill through cheque,
4. No body can make an adoption deed executed by your parents of his own and register it unless your parents have signed the same.
Hi, without your parents consent nobody will not adopt any son or daughter.
2. Your uncle can't take your property unless and until your father or mother has to execute register sale deed in favour of your uncle or third party.
3.if you doubt some body has alienated your property then you better apply for 10 years EC before sub registrar so you known all the registered transaction.
1. After the partition of the property your father became the absolute owner of the portion of the property which was given to him. If the property was divided by way of a partition deed then I hope that the partition deed has been registered and the mutation has been carried out. Your uncle cannot become the owner of the property of your father unless and until your father executes a gift deed or sells the property to him. The ownership of a property is transferred only when the owner of the property or some one having authority on behalf of the owner sells the property, or it is gifted.
2. Even if the electricity bill has been paid by some one else without your knowledge and consent it does not deprive your father of the ownership of the property.
3. It is absurd to even conceive that by performing a ritual in a marriage of some one's daughter the person who performed the ritual gets a share in the property.
4. Adoption cannot take place except without the consent of the biological parents. So ignore this threat.
5. Your father should carry out a title search in the office of the local registrar to trace the ownership of the property i.e the original title deed of the property and partition deed whereby and whereunder the division took place.
6. In view of the totality of circumstances which indicate that your father's brothers (including his cousin) intend to usurp his property, it is advisable to file a lawsuit for injunction to restrain them from doing so lest they forge a document of transfer of property and claim that they are the owners.