• Right on Property/House Registered on Name of Grandfather

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...
Asked 9 months ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
27140 Answers
1471 Consultations
5.0 on 5.0
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?
T Kalaiselvan
Advocate, Vellore
17280 Answers
165 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
17280 Answers
165 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
27140 Answers
1471 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
5.0 on 5.0

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