Ancestral home dispute - 2nd generation
I am writing here to seek an advice on the legal dispute over our ancestral home.
My ancestral home was bought by my paternal grandmother in 1970’s (that time the money was sponsored by 1st younger brother as her husband passed away & my grandmother with her 4 kids did not had any place for shelter. That time the property was in my “Paternal Grandmother” (here after referred as “grandma”) name and also registered in her name).
Later after 10 years grandma’s another younger brother (grandma had 6 brothers), 2nd younger brother registered the home in his name without my grandma’s notice (2nd younger brother took grandma to registrar office saying some property work and falsely took her signatures on the registration papers). My grandma was never aware of such things and time passed, my father came to know this change of registration when he was in college (now his age is 61), to create more complexity grandma’s 2nd younger brother changed the ownership to his wife’s name and later his wife changed it to her daughter’s name.
As of today, all the first parties 1st younger brother, 2nd younger brother including my grandma has passed away and this property dispute is carried forward to 2nd generation. Currently my parents fighting this land dispute with 2nd Brother’s daughter (Mrs. Ramaa).
We as family been staying in the house from the very first date of registration (from 1970), now Mrs. Ramaa has filed a case in the court. As this whole dispute was under one family we tried to resolve this by mutual consent till date. Please advice on legal procedure and also explain how can we take legal help?
In the meantime, we offered Mrs. Ramaa & her family reasonable money to buy the property but their expectations are too high and they are asking us the market price. Apart from monetary value me & my parents have lots of sentiments attached to this ancestral home. As of now I don’t see Mrs. Ramaa & her family will agree for any out of court settlement. Please advise if court or legal procedure help us in negotiating this deal?
Sincerely looking for the right advice.
Asked in Property Law from Ranebennur, Karnataka
The ownership of the house was fraudulently got transferred in his name by your grand mother's brother, and he further transferred it to his wife and then to his daughter. You need to bear in mind that your rights in this property existed only as long as grand mother remained the owner thereof. The moment your grand mother ceased to be the owner, you and your father also lost all the rights in this property. Now the only way to secure your rights in this property is to file a law suit to challenge the deed which was fraudulently got signed from your grand mother by her brother.
File a suit for partition and provide proof to the court that the property was purchased by grandma by the money provided by her 1st younger brother. Presuming that you are legal heirs of 1st younger brother of your grandma you need to prove that your grandma did not have money and that entire money belonged to 1st younger brother of your grandma.
you have stated that property was bought in your grand mother name in 1970 es . 10 years later property was fraudulently transferred in your uncle name who subsequently transferred it in his wife / daughter name . since your grand mother has duly signed the papers for transfer your grand uncle became absolute owner of property .
whether during her lifetime your grand mother had filed a case challenging the said transfer done fraudulently ? was your grand mother literate ? when was case filed by your father ? you will have to prove that your grand mother was deceived into signing the transfer papers of said property . difficult to prove at this stage