If there are other legal heirs apart from your uncle he cant share the entire house without everyones consent. He can only sell his share so he can't evict you. So reply to his notice through lawyer and contest the same
Joint family dispute
Hello, We have been living in a house for more than 35 years and house is under my grandmother name and my father has passed away 22 years and my mother has been taken care of us. Now my uncle(chacha) wanted to sell the house and my mother denies because she does not want to move some else because she is 65 years old. Now my uncle sent her notice by his lawyer. We are two siblings, my sister got marriage and I live different city because of job. I am the one who take care of my mother financially. Now he is threatening us that if we don’t evict within 30 days then he will send us court notice. What should we do?
Asked 3 years ago in Property Law
Religion: Other
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9 Answers
Refuse to vacate
uncle will have to file suit for partition for division of property by metes and bounds
suit for partition takes 15 years to be disposed of
The property was in the name of your GM
After he demise your father too inherited a share in it alongwith your uncle
And after your father your mother gets a share from his share
So your mother has an undivided share in the property and she cannot be asked to vacate
Any threatened legal action by your uncle will fail in the court of law
You may reply to the legal notice and threaten your uncle of filing a counter claim or counter suit against him to not disturb the peaceful possession of your mother
As the house is in your grandmother's name, your uncle cannot claim any title or ownership legally. Inheritance will arise only after your grandmother's lifetime. As long as she lives, your grandmother can ask anyone of her choice to live with her in that house. Please give a fitting reply to the legal notice, through a local lawyer. If your uncle continues to harass you, you may lodge a police complaint.
Dear client,
If the house is under your grandmother's name, then your uncle does not have any right to forcefully evict you from the property. As long as he does not own possession of the house, he cannot legally bring about any action against you. If he continues to threaten or harass you, then you can file a complaint against him.
Thank you.
If this property belonged to your grandfather, your father as one of his legal heirs is entitled to a legitimate share in it.
Since yor father is not alive,m his share in the property shall devolve on his legal heirs consisting yor mother, yourself and your siblings.
In this situation your mother can give a reply notice to his legal notice and refuse to vacate, let him go to court, where it will be decided about partitioning the property and allotment of your share in the property as per law.
- If your grandfather has also died, then his property would be devolved upon his legal heirs equally , i.e. his wife and children
- If your father and uncle is only legal heirs of him , then both of them have 1/2 share in the property left by your grandfather.
- Further, after the death of your father , his share can be claimed by your mother , you and other siblings equally.
- Hence, your uncle cannot claim the entire property legally.
- Your mother should reply the said notice after mentioning that he cannot take the share of her husband legally.
- Further, she can file an Induction suit before the curt for restrain him from disposing her from the property .
1. Your father was the co-owner of the said house of your deceased grandfather alongwith your uncle.
2. After the demise of your father, intestate, your mother, yourself and your sister jointly own the share of your father in that property.
3. Your mother can reply to the said legal notice refusing to vacate and sell the jointly held property.
4. Contest the case fittingly if your Uncle files a partition suit.
5. Even if your Uncle wins the partition suit, he will have his share of the property demarcated and for selling his share of the demarcated property, he shall have to offer the same to you at the same price he has been offered by his prospective buyer.
6. The whole process will take years for which your Uncle may not decide to file any case to get his share of the said property.
Hello,
That can not be done as per defacto basis. Since it's an ancetral property to you and your sister, you all have coparacanery right in the property and are entitled to the share of yours in the property. If, you have received a notice you are required to give an appropriate response and if your mother is not willing to leave the property she can not be forced by the court. Her share, your share, your sister share will remain and your uncle can partition his share and sell it off.
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