Hi There, Facts of my case are as below : - My Grandfather owned two houses (Both were adjacent to each other) allotted to him by Ghaziabad development Authority - IN one House Grandfather, Grandmother and Younger Uncle (Who is still unmarried) used to live & In other house, in one half my elder uncle used to live & in other half we used to live. - They sold one house in year 2000 for INR 4 lac 60000 in which we and my elder uncle used to live and gave us only INR 60000 citing that remaining amount of our share was paid to my Dad's Creditors however they never disclosed creditors to us. - IN year 2005 My Grandfather died and My elder uncle got NOC signed by my dad to transfer the property to My grandmother's name. -In 2009 My grand mother died and My younger uncle is residing in that house alone since then. - Recently we got to know that registery of house is on the name of Grandfather and we have the certified copy of the same - In 2011 a settlement was done by elders to give us INR 470000 and we were pressurized to help my younger uncle get the degree of house in the court in lie of the amount decided as settlement money. Property/house market price is 50 lac. -However after taking signatures on the settlement papers and giving us INR one lac, my uncle kept on ignoring us and said that until i get the degree i will not pay the remaining amount. -in 2014 we gave an objection in GDA (ghaziabad development authority) that house shall be transferred to name of all the three sons of grandfather. - Please advice what we can do to get the possession and do we have a legal right to do so. - Also can we force GDA to register the name of all three sons of grandfather (even without presence of My both uncle's as they would apparently not coordinate in doing so.) - And can we force GDA to give us the documents which can help us get the entry in the house...
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1) your father has to file suit for partition to claim his share in the house
2) also obtain an injunction restraining his brothers from selling the house
3) in said suit mention that although settlement deed was arrived at it was never acted upon as uncle refused to give father share mentioned in settlement deed
First of all your father should ascertain his share in the property.
He can do this by filing a partition suit.
It is not understood what suit has been filed in the court and who filed it and what was the relief sought by the plaintiff and the status of the case.
The GDA can be moved with a legal notice objecting to transfer any property to any individual separately without the consent of the other co-sharers.
Since all the properties belong to the the legal heirs of the deceased grandfather, legally everyone are entitled to an equal share in the property hence the other uncles cannot dictate terms on your father nor they can cheat your father by giving him very low share or amount in lieu nor they can force your father to give NOC.
You cannot take possession on your own without court's permission to do so.
What is your lawyer's opinion on this?
Hi Sir thanks for your kind response. this is the main problem that my Dad is smoker and drinker who do not cooperate with us and this is why our uncle's take advantage of us from the beginning. Since now we have grown up and i my self are CS final student making it difficult for my Uncles to take further advantage from us. Also after the sale of first house in year 2000, we were sent to my mom's parents house where we lived for 3 years and my grandfather (Mother's father) threatened to take the divorce and file case against whole family including my dad and uncle. So my elder got my dad disinherited from the property that time so that they may be saved from the consequences of suit/case which my grandfather (mother's father) may file. However they never filed any such case due to traditional Indian society norms and Now we are not getting any support from my father. Even during our childhood we were forced to sale news paper to earn our bread and butter. Now we don't have any support from our dad and he changes his mind at blink of an eye.. Kindly assist..
Under the given situation, it is pathetic that you being just children of your father cannot claim any right over your father's share in the property during his lifetime.
If you are an unmarried daughter to your father then you can seek maintenance from your father, besides your mother can seek maintenance from your father under section 125 cr.p.c..
Your mother can file an injunction suit to restrain the the defendants from alienating your father's share in the property for creating charge over it for the sake of paying maintenance amount since your father neglected to maintain his wife and unmarried daughters.
No doubt how far this may be effective and maintainable, but this will certainly stir the hornet's nest.
Once all those people are dragged to court in one or the other case, they may come down for negotiations and settlement which will be a situation benefit to you.
Try one or the other strategy when you are not able to move legally.
1) during your father lifetime you have no share in property
2) you cannot file suit for partition to claim any share in property as it was self acquired property of grandmother
1. The settlement that you reached in the court stipulated that you were to be paid 47 lakhs in lieu of relinquishment of your rights to the property in question. If your uncle has not honoured it then you can file a civil suit to seek a declaration that the settlement be annulled.
2. Consult a lawyer with a certified copy of the decree to get a comprehensive opinion.
