Hello, My mother(terminal cancer patient) won a partition suit against my younger maternal uncle. It's mygrandmothers property.There are three legal heirs. My mom, elder and younger uncle(lives abroad). It's an apartment in thiruvanmayur chennai. My younger uncle said we can sell the home to the highest bidder. We found a buyer who is willing to pay the said amount. Now my younger uncle wants to buy the property at the lowest rate for himself(less than half). One day he would say proceed with highest bidder and the next day he would say he would buy it. Insight is he dont have any money to purchase the apartment. He is simply dragging. We have all his whatsapp messages and also he has rented out that house to someone/ or let his friend of friend to stay in there without the other owners permission. Property has not been divided yet. What shall we do now? Also he was the nominee of my grandmothers account. After her demise, he created an NRO account and transferred all the money to his account which is close to 30 lakh rupees. He did not share the money with us. Will this come under civil or criminal cases.
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If partition suit has been decreed by court and property cannot be divided court would direct sale of property to highest bidder
uncle cannot sub let apartment without consent of other co owners
file police complaint against uncle for cheating ,criminal breach of trust
1. Let your mother and her brother send a legal notice to the younger brother giving an ultimatum to sell the property and dividing the proceeds equally.
2. Nominee is only a custodian and the rights of the legal heirs supersede the rights of the nominee. Nominee, in the instant case your younger maternal uncle, should have equally distributed the amount of Rs. 30 Lakhs between him, his elder brother and mother. Lodge a Police Complaint against him for his act of cheating to other legal heirs. This comes under criminal case.
Since a preliminary decree has already been passed in the partition suit, there's no necessity to ask or wait for your younger maternal uncle's decision or his offer.
You may proceed with the filing of final decree petition for division or sale of property if it is indivisible through court of law.
The court will bring the property to sale and distribute the sale proceeds to all entitled.
Your mother can issue a legal notice demanding her share out of your mother's money that was taken away by your maternal uncle failing which she can file a money recovery suit.
The criminal complaint may not fetch you the desired relief.
As he is a nominee, he is entitled to the amount. Get the tenant evicted from the property. File execution to enforce the partition.
G.Rajaganapathy
Advocate
High Court of Madras
Dear Client,
Since your mother has won the partition suit, since she has solely held the title, this property must be divided among the legal heirs. If your younger uncle is dodging the sale or accepting a low price, you can go ahead and sell it to the highest bidder, and make him duly serve the notice. Renting out the property without the concerned person's consent can be legally challenged.
Considering the ₹30 lakh from your grandmother's account, being the nominee, your uncle is liable to distribute the amount received according to all the heirs. This failure on his part can even attract a civil claim for recovery and possible criminal case by breach of trust under Section 302 of the Bharatiya Nyaya Sanhita (BNS) Act, 2023. See a lawyer about further action.
Thank you.Hope this answers your query
- IF your mother won the partition suit , it means that she got the property by way of partition , and hence after getting the said property , it will considered as her self acquired property , and your uncle or any other person having no right over the said property.
- Further, being the owner of the property she has her right to sell the same without getting others consent.
- Further, if he is nominee in the account of your grandmother then he can claim only equal share with the other legal heirs i.e. your mother
- Your mother can lodge a complaint against your uncle and the said bank before the police and higher officials for the offence of the cheating and breach of trust.
