Family Issue

Asked in Family

  • *****a

    BARAN

Expert's Answers(7)

  • Advocate RAMACHANDRA

    Bengaluru, Karnataka
     

    Ask advocate

    June 10, 2023
  • H K Chaturvedi, Advocate Supreme Court.

    Noida, Uttar Pradesh
      12 Client Ratings

    Greetings! If the property is exclusively owned by your Grandma and not an ancestral property then your uncle will be the sole and exclusive owner of the property only if there is a registered title deed or Will in the favour of your uncle. For further discussion you may book the consultation.

    June 2, 2023
  • CHANDNI SHAH

    New Delhi, Delhi
     

    If it is your ancestral property, you can legally file for injunction & challenge this situation. If the property is not ancestral, your grandmother can name the property in whomever's name she wants to. If the property in question is a non-ancestral property that was given by the grandmother to your uncle, and there is no will or other legal document that specifies the rights of the other children & their heirs to the property, then the uncle would have sole ownership of the property. If the uncle has taken a loan on the property and is selling it to repay the loan, you may not have any legal right to stop the sale or claim a share in the property. However, they may have some options available to them under certain circumstances. For example, if your uncle has borrowed the money using the property as collateral, and the loan is in default, the lender may take legal action to recover the debt, including initiating a foreclosure sale of the property. In such cases, the you may be able to challenge the legality of the loan or the foreclosure process if you believe that your interests are being unfairly affected. Additionally, if your uncle is selling the property for a price that is significantly lower than the fair market value, you may be able to challenge the sale as fraudulent or seek legal recourse to obtain a share of the proceeds. If the property in question is an ancestral property, it is defined as a property that has been inherited up to four generations of male lineage and has not been partitioned or divided among the family members. Under the Hindu Succession Act, all coparceners (including the children of the 1st son) have an equal right to a share in the ancestral property. The term coparcener refers to all male descendants of the same ancestor up to four generations who are entitled to inherit an ancestral property. Therefore, if the property in question is an ancestral property and has not been partitioned, you have an equal right to the property along with your uncle. The rights of you as coparceners in the property are not affected by the fact that the property was given by the grandmother to your uncle. If your uncle has taken a loan on the ancestral property and is selling it to repay the loan, you may have a right to challenge the sale if it is not being done in accordance with the legal requirements. However, if the sale is legal, you may have a right to a share in the proceeds of the sale, based on your share in the ancestral

    May 7, 2023
  • Advocate Yogesh Navmahalkar

    Jalna, Maharashtra
      19 Client Ratings

    Issue them notice through lawyer and File suit for partition in the court through lawyer.

    May 5, 2023
  • Advocate Anik

    Bengaluru, Karnataka
      65 Client Ratings

    Dear client I am sorry to hear that but in this case if the property is an ancestral property then you can go ahead and file a interim injunction petition in the court. How ever if the property is self acquired property then your grandma has all the right to name two whatever person he wants to throw the well or through any other deed. However, in this case also you have a right to approach court

    May 4, 2023
  • DHRUV SAXENA

    New Delhi, Delhi
     

    That's it ok

    May 4, 2023
  • DHRUV SAXENA

    New Delhi, Delhi
     

    You could file a stay on the proceeding ok

    May 4, 2023