• Younger brother trying to become waaris on my dadas land in which i have built home

My father is six bother.my youngest uncle is trying to become waaris on my dadas land in which i have built home.my dada is 85yrs + and he is unabe to move,but my uncle and aunty along with 4brother is forcing my dada to do warasat in name of my youngest aunty.how to obstruct this warasat.can they take my home after waraasat?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1) is. Your grand father mentally sound

2) consultant psychiatrist and obtain opinion whether father mentally sound or not

3) if any Will is made by grand father on his demise your father can claim share as grand father was not mentally fit at time of execution of will

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

It appears your Daada has left for the heavenly abode without any Will which mean he died intestate.

If that is so all his six children will be entitled to his properties in equal undivided 1/6th share.

So your uncle can not claim whole shae over the house or other property nor can not control in whole.

So before he usurped the whole property your father can file a suit for partition seeking his undivided share and injunction so other co shahrers can not sell the proeprty till the court passes final verdict.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) If the land belongs in the name of your grandfather I.e. Dadaji, than all his children's name will appear on the property no matter who had built the house, means after Dadaji all his legal heirs name will appear.

2) at present if Dadaji gives in writing that he want to make will or transfer property title on younger uncle name than also nobody can do anything in it, because it will be Dadaji wish after all.

3) If the property is purchased by Dadaji or its inherited property from his father or grandfather? Than something can happen in it or otherwise you have speak with Dadaji that you had built the house and invested the money, please ask the other people to give atleast cost and for your share a flat or house to live.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

It is a dangerous situation. So you must immediately approach Civil Court and file case and ger interim injunction restraining your uncle from taking any any document from your dada and second interim order not to interfere with your constructed house. If possible get necessary documents like release deed or gift deed from your dada in respect of land on which you have constructed your house. Lodge police complaint saying that your uncle influencing your dada to execute waraasat.in his name forcibly. For more clarifications please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

You need to file complaint with police and SDM stating all the points and for prevention of the said act.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. Your father shall have to lodge a police complaint immediately alleging that his youngest brother is coercing and/or manipulating to fraudulently getting the signature of his old father of unstable mental state, a deed of conveyance or will in his favour.

2. he should also collect a medical prescription certifying that his father is mentally unstable at present due to old age.

3. Such medical certificate and general diary of police complaint will help you in challenging the Will or gift deed in favour or your Uncle or Aunt, if he/she can manage to get one such deed/will.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. the house constructed by you on the land of your grandfather will be considered as the property of your grandfather.

2. If your Uncle can manage to get the gift deed or will registered/executed in his favour or in favour of his wife, he or she will be able to claim title of the said property.

3. However, if your grandfather executes a will in favour of your Uncle or Aunt, he/she shall have to file an application praying for grant of probate and in that case all the legal heirs of your grandfather including your father will get the chance to contest the said application for grant of probate.

4. The police complaint and the medical prescription as suggested in my earlier post will be of great use while challenging the validity of the said will.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

If they are making the warasat against his will you can file Police Complaint. It depends what is the exact position of that will but the same will be executed after death of grandfather only. If the grand father bequeath the same to youngest uncle then you can have issues with the same.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Hi,

If the property is ansestral property then the warasat will have no effect on the rights of the hairs.

But in case the property is his self acquired the this is a possibility to do so.

The house on the land can not be in your name as the title is disputed. You can only file a money suit to recover your spent on the house.

Considering the aspect of partition and considering both the property.

Just try to find an amicable solution than legal because this will take lot of time and energy.

Good luck

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If this was your grandfather's property then on what basis did you build a house on his land?

During his lifetime he can transfer or settle his property to anyone of his choice and desire.

The house constructed on this property is illegal and liable to be demolished if they initiate any legal action on this.

Your father should talk to his siblings and arrive at an amicable settlement including giving away any money to others for retaining your house property.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

my uncle is saying i am doing this waraasat i which your home is built bcoz i want share in mumbai home.plz suggest every possible ways to solve or obstruct this waraasat.and how to save my home

Legally you cannot do anything about it when your grandfather decides to give away this property to anyone of his choice, hence it would be better that you people should arrive at an out of court compromise settlement.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Neither you nor your uncle(s) have a right in this property as on date.

Only such will are valid which are made with free will and consent. Your grandfather cannot be coerced by anyone to bequeath his properties in a particular manner.

If the will is obtained by exerting undue pressure on him, you may challenge the legal validity of such a will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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