Ancestral property dispute
My father has an ancestral property in Mangalore. The property was in our great great fore fathers name till the early 1990's. My Father had two brothers, one elder (Bachelor) and one small (married and has a family). When it was realised that the property was in our very old ancetors name my father's elder brother took the initiative to bring the property in the name of the small brother by finding the family tree. My fathers elder brother obtaining the power of attorney (for release of property in the name of younger brother) from all who were legally entitled to a share. My father was also approached and was promised that for the time being give the power of attorney for release as it was important to bring the property in the name of one among us and my father can claim his share later on when the need arise.
As my father was working in kuwait he gave his POA thinking that he can claim his share later on and not make any issue right now. The property was made in the small brothers name. in the early 2000 my father suffered a stroke and had to leave his job and come to India. We stay in Mumbai but my father visited Mangalore frequently (three months in Mangalore Three months in Mumbai) and stayed there for sometime. During his stay in Mangalore, looking at his brothers behaviour my father realised that he had been falsely influenced to give POA for release. my father wanted to build a house of his own in the ancestral property but my father passed away in 2004 and his wish to build a house remained unfulfilled. The fact was known to everyone that my father wanted to build the house hence of late i approached both my uncles (fathers brother) asking for my fathers share to build his dream house. The elder brother totally agreed to it but the small brother is making excuse to delay in giving my fathers share.
Also my fathers elder brother has said that if the younger brother does not give us our fathers share he will ask for his share and then make it in our name.
Please advice can i legally claim a right on my fathers share in the property. what is the course of action i should take to claim my fathers share from his small brother. Also can my fathers elder brother take legal action to claim his share in the ancestral property
Asked 8 years ago in Property Law
Religion: Christian
Just to clarify the POA was given by my father to his elder brother authorising him to release his (my fathers) share in the property in the name of the younger brother( with a understanding that my father will be given his share later). All those who were legally entitled to the property (16 legal heirs as per the family tree) similarly had given the POA to the elder brother to release their respective share in the name of younger brother and basis the POA (to release) the elder brother made the property in the name of the younger brother. As i understand every one has given their release in the share of the property to the younger brother.
The current status is that my fathers younger brother (in whose name the property is) is saying that he will give my fathers share in the property but is delaying the same by making excuses. I think he does not have the intention of giving our share but just because of the elder brother (out of respect) and guilt as he knows that the release was given with an understanding that my fathers share will be given later, he is saying he will give our share.
The elder brother has however promised us that if the younger brother denies giving my father's share he will claim his share and then give it to us.
As my father has already given release in the property can we still claim our share legally by filing a suit in case the younger uncle denies our right.
Also can my elder uncle claim his share as he has also given release in the property from the younger uncle. as he has promised us in case we have no legal right as per law.
Just for information all the development work in the property (House, well, pump etc) has been done by my elder uncle. Will this help my elder uncle in case he takes legal course.
Please advice on the above two course of actions.
Asked 8 years ago
