We are a joint family with most of property on my grandmothers name. Out of which my grandmother gave us some agricultural land few years back legally which is on our name. My grandmother got bedridden and is unable to react to anything properly. My father also passed away few years back. My uncle now has jointed by grandma bank account with him and is taking all the rents by himself which is excess of 3 lakhs per month. He had taken our land documents and kept it in almariah in our office which is on my grand mothers name and when asked he is bluntly saying I won't give them and badmouthing us. He is threatening us if we go to police I will hide or burn the documents and say I don't have them. We have reach out to a known lawyer and he's suggesting you break lock and take documents since the building is in your grandmothers name and you are joint family. Since my mother is scared to go to police and we are stuck in state of confusion. we need the documents very very badly as my sister is about to get married. Kindly suggest a solution
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You should act as per your lawyer advice
2) since grandmother had executed gift deed and transferred land in your name you are absolute owner of land
3) you can break almariah lock and take possession of land documents standing in your name
4) on grand mother demise file suit for partition for division of property standing in grand mother by metes and bounds
If you need the documents and the said place is in your possession then you can get it. Otherwise you need to approach court.
1. You can file a Civil Court Suit for your share of the property and implead the uncle as party. Uncle will be forced to produce all the documents in his possession during court proceedings and you will get a copy of the same. There is no other simpler way if the uncle is non-cooperative.
Hi,you can approach the local revenue officer and get the certified copies of the land ..A record of ownership always stays within the revenue office
Firstly you cannot claim any share in your grandmother's property as a right at least not during her lifetime.
If you are not sure of what may happen next, then you can get the certified copy of the property documents and secure them.
You can file a case for partition seeking your father's legitimate share in your grandmother's property after her lifetime and also a share in the rental income.
Before that you may collect the details of all properties now lying on your grandmother's name so that you can comfortably file the partition suit at a later stage when time ripens.
1. Your lawyer is right. Nothing prevents you from breaking open the lock installed on the almirah and taking back the documents.
2. You are free to file a suit for recovery of rent to the extent of your share.
1. See you may with permission of your grand mother open the almirah and take documents. Also if registered document you may obtain the copy of same from sub registrar office.
2. Further file a police complaint against the uncle for abuse, threat and for hiding document.
Going by your Uncle's attitude, once you go an request him to share the documents etc., and record entire episode (audio & video without his knowledge i.e., the threats, abuses etc., hurled by him against you people).
The same can be used as proof / evidence against him when you lodge police complaint against him.
You can follow advise of your family Advocate, while doing so, you may video record the process in presence of outsider as witness.
As informed by you, your Grand Mother (GM) gave agricultural land legally to you, you are owners of the same.
Thus, you can proceed as stated above.
File a police complaint.
That it.
Why to break locks and engage into an illegal activity
Break lock and recover documents.
Also file case in court to obtain stay and form trust of rent received. Or complain to bank to freeze account. Uncle cannot unilateral withdraw amount from bank.
- You should apply in the office of the Registrar after mentioning the details of the property for getting certified copy of the same legally, and this certified copy is admissible in evidence before the court as well.
- Since, the said property is in the name of your grandmother , hence legally she can transfer the same to any person and can give WILL etc to your uncle as well.
- If the said property was not purchased from her own funds , then you can file a partition suit even during her life time as well.
Go to the nearest registrar office and collect Ur index 2 and file a partition suit before Jurisdictional civil court.
Dear Sir/Madam,
You are suggested not to act in such a manner which may invite problems for you and hence don''t break the lock. Rather, get certified copy of the documents from registrar office by paying the nominal fees and don't disclose the same to uncle. Also, file the suit against uncle in civil court of your area to restrain him and hand over the document and stop him from alienating the properties or creating the third party interest.
Are you her only guardian. If not then there is a provision in the law where you may give an application to the magistrate for appointment of a guardian to manage her property collect rent and look after her.
Documents can be obtained from the registrar office through a lawyer.
1. Your advocate is absolutely right you should take possession of documents forcefully by breaking the lock.
2. If your mother is not ready to go to police then you should approach police and make complaint against your uncle for forcefully taking property documents from your possession and now threatening to burn them.
