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Father owned property rights issue as uncle claiming ownership in it


07-Aug-2023 (In Property Law)
My father has a own house in his name which was bought in 2008. It is his self earned property. My father has expired in 2010 in a road accident. After 4 years,now, my uncle (i.e my father's brother) claims that he has a share in that house and he says that my father had given half of that property to him as a gratitude for his help in a issue. But he has no proofs for it. Can he file a case against us for the property? Does he has share in my father's property legally?(Religion:Hindu)
Answers (3)

Answer #1
681 votes
HI
Your father's brother is making a false claim.
Ask your father's brother to approach the court if at all he has a valid claim.
In the mean time, you should immediately do the following
a) Obtain a legal heir certificate and
b) Have the property mutuated in the names of legal heirs in municipal office(property tax), electricity bills, water bills etc.
c) If possible you also get a settlement deed executed and registered in the sub-registrar office after payment of stamp duty and registration charges.
the above steps are necessarily to be done at a later stage. Since it is likely that your father's brother is planning for a legal battle, you should do all of the above immediately.
hope this helps
Answer #2
932 votes
Sir,
In this instance , since the house is self acquired by your father and after your father's death , your uncle can not claim share in house property , unless he produce proper evidence /legal document.
_____________________________________
Krishna Murthy Pasupula| Advocate| Hyderabad|

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Answer #3
640 votes
Perhaps he is trying to take advantage of the situation. File a suit for injunction against him restraining him from interfering in your possession. If he comes up with any proof of his rights, we can take a call. Perhaps if he creates any such right, he can be prosecuted for forgery, etc.

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