• Grandfather's property issue

Hello  ,
I urgently need answer to my query.Let me clear that I have absolutely no knowledge of property issues. Actually we are living in a house which is on my grandfathers name and this house he got when he moved to delhi from pakistan in 1947. My grandfather expired 20 years back and has 2 sons alive and 2 daughters still alive.One of his son is my father and other one is my Tayaji(Uncle) and my 2 living buas have no interest in property. Now i along with my father,mother and my younger mentallly challenged brother are staying here for past 30 years and my tayaji is NRI who lives in kuwait. Now suddenly after so many years my Taya wants equal share in property where we are living and he is giving us open threats of demolising property if we dont give him share.Its a small propery wher even we r living with difficulty. what should we do in this case??..My Tayaji has 2 daughters who are married. we dont have much money to fight cases with him.please suggest and help....
Asked 2 years ago in Property Law from New Delhi, Delhi
1) on your grand father death your father has 1/4th share in house . 

2) if your aunts have no interest in the house they can execute deed of relinquishment or gift deed in your father favour .

3) enter into deed of partition with your uncle .for division of house by metes and bounds . 

4) once your aunts execute gift deed in your father favour your uncle will have only 1/4th share in the house .
Ajay Sethi
Advocate, Mumbai
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please note that you e uncle cannot demolish the house without consent of all the legal heirs . 

your uncle knows that you cant afford litigation hence he is trying to browbeat your father into submission
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. The property waws owned by your grandfather and after his demise, all his 4 children have equal mshare on it,

2. The fact that your father's family is enjoying the said property alone since last 30 years does not entitle you the entire property,

3. Your father is entitle to only 1/4th share of the property,

4. If your two buajis relinquishes their shares to your fahther then he will be entitle to 3/4th share of the entire property,

5. If they relinquish their share equally in favour of their two brothers then your father will be entitled to 1/2 share of the said property,

6. Your Tauzi can file partition suit which will take years to be disposed of,

7. He can not demolish the property,

8. So relax and wait till he files the partition suit which your father can contest to drag it for years,

9. Your weakness is that you do not have money to contest the case and the problem your Tauzi has is that he stays at Dubai and can not visit India regularly to oversee the case filed by him.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1. After the demise of your grand father all his children got an equal share in his property unless he left behind a will. 

2. The share of your father is equal to the share of his brother and sisters. None of them can claim to have a share greater than 1/4th in the absence of a will.

3. Your uncle can claim his 1/4th share in the property. If he is demanding his share then it would be wise for you to accede to his demand, failing which he can cull out his share by moving to court. According to your own statement you do not have the funds to fight a legal battle, which would be an expensive affair. 

4. If you do not want to give the share to your uncle then contest the lawsuit if and when he files it. He cannot demolish the property. If he attempts to uproot you from the property then seek a stay order from the court. 

5. As regards your two aunts, if they do not have any interest in this property then they may execute a deed of relinquishment to relinquish their rights in favour of their brothers.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. If your uncle files a case for culling out his share in the court then you will be heard in defence before the court passes an order. You can contest the case filed by him.

2. The ownership rights of your uncle are not impaired by his absence from the property for 30 years.

3. Your aunts, as mentioned earlier, can execute a deed of relinquishment in your favour
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) it is immaterial whether your uncle has stayed in said house or not for 30 years 


2) it is immaterial that you spent lot of money on renovating the house . 

3) your uncle is not entitled to 50%share in the house but only 25%or 1/4th share as already mentioned . 

4) if your aunts are willing to relinquish share in your father favour your father would own 75%of the house
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0

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