Hi Sir I wanted advice on a family property dispute. My grand father(maternal- expired 22 years back) inherited ancestral property by division among his siblings around 25 years back. He has 3 children, 1son and 2 daughters(including my mother), my grandmother is also alive My uncle(mothers brother) is acting very greedy and causing lot of trouble. My grand mother is bed ridden and my aunt is disabled without any children or caretakers and she needs caretakers. My uncle does not want to help them lead a respectable lifestyle , I will point out the issues he is causing - He has joint account having my grandmothers money and now does not want to spend anything on her, not even on her treatment - My aunt and grandmother stay in the house mentioned above - His children are settled and he wants to go abroad leaving his mother in bed ridden state - He is not allowing for the property to be sold, and he just wants to go abroad leaving my grandmother and aunt at gods mercy. He is blackmailing my aunt and my mother saying they have to register the property in his name. He himself has made a lot of money abroad, and has multiple properties in bangalore. But he is still greedy saying he needs this ancestral property for his children settled abroad. How do we solve this, should we lodge a police complaint against his inhuman behaviour. I do not have the confidence that he will help my grandmother and aunt even if all of them. What are the legal options available, so that if the property is divided this money can be used by my aunt and grandmother for joining a old age care home.
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A complaint under the senior citizens act must be lodged before the district administration. The administration will pass an order restraining him from entering the property.
A domestic violence case can also be filed on behalf of your mother and grandmother against him.
As far as tge property is concerned it belongs to all the legal heirs and hence a partition suit must be filed in the district court.
You can make a complaint under Section 4 of Welfare of Parents and Senior Citizens Act, 2007 to the Tribunal appointed under that Act, you will get the details of Tribunal from the Office of District Collector. The Tribunal will order a fixed amount to be paid to the grandmother per month. The Tribunal can also deny him any share in the ancestral property. For obtaining share in the joint property, you have to file a suit in District Court for partition and separate possession. Issue lawyer’s notice to uncle and other aunt seeking partition and separate possession of property, such suit can also be by any of the legal heir including you. After that file a suit in district Court for partition and separate possession. Include all properties even acquired by him in the suit as joint property as property acquired by any legal heir is also joint property. You will get your share even in the property acquired by him.
Your grandmother and aunt should file application before senior citizens tribunal seek orders to direct son to pay them maintenance and also to pay their medical bills
2) grandmother is at liberty to withdraw money lying in joint bank account
3) refuse to transfer property in son name
4) file suit for partition for division of property by metes and bounds
5) seek injunction restraining sale of property by son
1. Since your grandfather inherited this property after partition with his siblings, the property in your grandfather's hands will have the characteristic of self acquired property.
2. Assuming that your grandfather died intestate ( without executing a WILL ), then the property would devolve equally to your grandmother and their children. In the instant case to your grandmother, one son and two daughters, i.e., 1/4th share each.
3. As narrated by you if your uncle is unwilling to share all the movable and immovable properties of your deceased grandfather, send a legal notice to him for resolving the issue. Still if the problem persists, file a suit for Partition, Declaration and separate possession of the property by metes and bounds.
4. Regarding his inhuman behaviour you can lodge a Police complaint if you have enough evidence to prove it. As a son, it's his duty to lookafter his aged ailing mother.
If your grandmother is bed ridden and your maternal aunt is disabled then your mother can get a power of attorney deed from them to file a suit for partition.
Your mother on the basis of the POA deed can organise to cancel the joint account held at bank and she can get herself nominated to that account after which she can spend that money to take care of both of them personally also with the help of a paid maid services.
This property belonged to your deceased grandfather, hence after his intestate death, it devolves equally on all his legal heirs consisting his wife, son and daughters.
Therefore if your uncle is creating problem in order to grab the entire property to his name, your mother can file a suit for partition on her behalf as well as on behalf of her mother and her sister.
After partitioning the property they three can sell their share of property to a prospective buyer and this money will take care of their health and other expenses.
- As per law, after the death of your maternal grandfather intestate , his property would be devolved upon all the legal heirs equally and a WILL cannot be made in case of an ancestral property.
- Hence, your mother and said aunt having their respective 1/4 th share in the property left by him ,and she can claim her property legally.
- Further, if her brother is not ready to give share in the property , then she can file a Partition suit with Injunction before the court for getting share and restrict him to sell any part of the property .
- Further, She can also sell her share in the property and your uncle not having right to obstruct .
- Further , a complaint can be given by you even before the police and the bank against him as well.
Thanks a lot for the advice. As a follow up - My uncle is saying he wants to travel abroad and is not sure when and if he will return. He is selling his other property in bangalore to buy a house in the US. He is of the opinion that if he stays in US for 3-4 years, he will not have any hinderance to aquire the property(he is of feeling my grandmother and aunt will not be around) In such a scenerio how to handle this, where he moves to US and is unreachable to any family members. He is planning to travel to the US in a month or two. - My mother has agreed to forgo her share if he takes care of grandmother and aunt, but he wants share from my aunt as well which she is not willing to part with fearing what he will be doing once in possession of property. - I am also working abroad and will not be around much to help them, but am very disturbed by the inhuman behaviour. Also my mother is aged, and may not be able to take care of them alone. Hence looking for options.
- You said aunt can approach under the Senior citizen Act for her maintenance order and right .
- Further , your mother and aunt can engage a lawyer for approach the court ,if they are unable to appear before the court.
- Further, your aunt can get order from the court for her maintenance , as her brother is also accountable for her maintenance legally.
1. Let your grandmother and her two daughters insist for a POA from your uncle, before he goes abroad, to take charge of the property.
2. The grandmother, uncle, your mother and aunt are all entitled to equal share in the property and the decision to sell or retain the property has to be a collective decision and it cannot be at the sole discretion of your uncle.
3. Send a legal notice to your uncle to settle this matter and then only he can go to US.
Mother should not relinquish her share in property
file suit for partition for division of property by metes and bounds
your uncle will not take care of grandmother once property is transferred in his name
From the contents of your subsequent post it is clear that your uncle's intention is to grab the entire property in which your grandmother and aunt have right for their share.
You were advised to file a suit for partition by your mother for herself and on behalf of her mother and sister.
You do not have to be bothered even if he is not available in India, you can get an exparte decree/judgment after which, the respective shares in the property can be registered on each individual.
Once this is completed your uncle shall not be able to take their share for any reason.
You may consult a local lawyer and proceed as suggested.
Dear Sir/Madam,
1. This is a case of gross injustice. Your first course of action must be to file an FIR in the nearest police station keeping the police informed about the actions.
2. Since you are abroad, you need to opt for a power of attorney to do the same for you
3. In case you have any sibling in India, they may file a case instead of you
4. You may file a criminal case of criminal intimidation against him, because of his blackmailing.
5. You may also file a civil suit for temporary injunction to prevent him from going abroad. Injunction means the orders of the Court directing a party to the proceedings to do or not to do certain act. Injunction may be issued only against a party and not against a stranger or 3rd party.
Thank you
