Legal Question in Real Estate Law in India

Our property

I would like to know the possible ways and procedure to get back our lost property.

My grandpa (mother�s father) was running a radio repair shop at karaikudi (tamilnadu) for long time. He suddenly passed away on 1986. Meantime, my grandpa�s brothers broke the shop and overpower with their influence and took it over. When ever my grandma tried to approach them, they threatened and cheated her. Now she is also no more.

The shop belongs to a temple. Now one of grandpa�s bother is running the show and paying the rent for 10 years to the temple. He has also changed the shop to his name. Now my mother has approached the temple trust to take necessary action and hand over the shop to us since we have the right. But the trust is not willing or takes any action.

Either my grandpa or my mother or grandma have not given any written agreement to be transferred into my grandpa� brother. Some thing has happened secretly for transferring the shop into my grandpa�s name. The temple trust is trying to hide this.

Please let me know how to go about this. We have only two evidenced 1. The electric bill in my grandpa name by that time and 2. The license to run the shop.

Regards,


Asked on 11/13/07, 10:58 pm

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Our property

Trust has got all rights as the property belongs to the trust. Its about more than 20 years so the time has lapsed for any claim in this regards. Please consult a local lawyer with all the details.

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Answered on 11/16/07, 4:41 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Our property

You need to know the terms of tenancy between your grandfather and temple trust.

Since period elapsed is very long, it would be appropriate the you consult a lawyer with all the documents and information.

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Answered on 11/14/07, 2:26 am

Re: Our property

since property belongs to trust so trust can give it to any body.Since more than 20 years has already lapsed so any claim in this regard is time barred.

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Answered on 11/14/07, 11:13 am


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