Legal Question in Landlord & Tenant Law in India

My father expired in 1984, when he was 36, I was a boy of 8yrs, then. My uncle had a will of my late grandfather in which he taken thumb impression just after he died in 1978, and was in name of my grandmother. In 1986 he plotted a game against us, as he made will of my grandmother for his name. Then he waited long, my grandmother expired in 2005. In 2007, he started case against my mother to go out from house, I live in other city, for job for about 15 yrs.

He is running a business in outer portion(verahmda and one room) of our ground floor area. He has closed all our windows,ventilators,doors attached to outer portion. He has conjusted our passage , by spreading his material all over there. He lives in all upper portion and roof top. At roof top also he does industrial business and commercial activity. Apart from this he is using his social and worldly connections against us. He want to harrass us. We have already beared all his harassments throughout our life.

My other uncle lived at other home and was expired in 2008. Now his son joined in the court case with us, because we had no proof that property was purchased by our grandfather, and no documents concerning our ancestral right.

Actually, the papers of land purchase was removed from Governmental office, by none other than my cousin,(son of the other uncle, lived outside the house).

We allowed him to join, because, he had proof of signatures done by our grandfather at the time of property purchase. And also he has proof of correct lively thumb impression of my grandfather, to prove that the will of my grandfather was forged by uncle.

Now , he has got tested the finger prints ,outside the court ,which proves that both thumb impression are not matching.

But, now the case is running at very slow speed by his lawyer, just for wasting more and more of our precious time.

I want to know that whether the case is genuine, or, any other lawsuite case is copied by both, my uncle and my cousin, to fight against us. As I told that the land property purchase papers were hidden at my cousin�s house and now are at our lawyer�s office. Our present lawyer is also appointed by him, as our first lawyer wanted to drop the case and not in fighting mood with a bigger lawyer than him.

So, now, I am totally confused that the case is going in our favour or, is a dramatized version made by uncle and cousin.

I am very confused that , how can I get my right after my mother ,if something happens to my mother before the case is justified. Case may remain unjustified and my right may also remain unachieved by this case. What will happen to my ancestral property right?

I also want to add that, I had a younger brother also, who is expired now, due to too much illness and tensions of this case and other livelihood tensions. Please help me by answering, as per the above details.


Asked on 4/20/12, 8:52 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

20.04.2012

At the outset, you are very confused and you are confusing me too. In an ancestral property, in the absence of your grandfather and grandmother, all their children including your mother and all surviving uncles have an equal share in it.

Let your uncle who is trying to usurp the entire ancestral property have his way, and we will see where and how far he can reach. He is creating a ruccus with the intention of driving you out. Just stay firmly put in the place. Don't quit.

If the local lawyers are lethargic, you can engage a legal practitioner from another nearby city, to represent you and fight your case. If you have no issues with the costs involved, even I am willing to help you out, if you so desire.

You can directly reach me for any on-line legal advice and representation at [email protected]

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Answered on 4/20/12, 9:29 am


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