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Uncle threatening my father to sell his property to him What can I do
23-Jul-2023 (In Property Law)
Hi, My grandfather left his house for my dad in his regiistered will before he passed away. Now the concerned property's mutation is under my dad's name and it's a freehold property. No one lives there. We live in a rented place.Now my uncles are threatening to harm my dad and warned us that they will move to that flat and won't vacate it unless we sell it. My dad is under a lot of stress because of that. I'd like to know what options do we have: 1. What legal action can my dad take if my uncles try to harm us or move into the flat? 2. Do my uncles have any rights on the property?
Right over the properry may be decided after seeing your all concerned documents. So far threat is converned your dad has absolute right to file a complaint against your uncle before the concerned police station. And you also need to take possession over the property for speedy justice
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Adv. Manoj Kumar
Delhi | 200+ Answers
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Your father should immediately file suit for declation injunction etc that he is exclusive owner of the property and his brother has no rigjt interst and share on the basis of Will of his father.your father also require to file case for probate of Will.
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Adv. S P Srivastava
Delhi | 200+ Answers
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You may file a suit of injunction in competent civil court asking the court to direct your uncle in peaceful possession of your property. No your uncle has no right but if he comes into the possession of the property it would create problem for you.
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Adv. Nitish Banka
Delhi | 100+ Answers
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First thing is probate the will through court. After that if the property is given to your father, then your uncles have no right over it, even if they occupy, they will remain illegal occupants and you can take legal action against them.
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Adv. Upma Shrivastava
Delhi | 25+ Answers
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