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After death of grandfather in 1989, In 2013 through I come to know that he is still owner as Records
06-May-2023 (In Civil Law)
After death of grandfather in 1989, In 2013 through I come to know that he is still owner as Records of shelter Board Delhi govt. Mean while my uncle's had encashed all fund, gratuity leave etc.Grand divided property by making floor for both sons. My always said that whole property given to them. from1989 to 2020 he trying hard to vacate our possession from 1st floor. Uncle has not shares all funds n property to other siblings.He neither show paper and interesed in securing his children and wanted to create a source of rent by creating new 5 story property building. my father is innocent don't know politics. Uncle claim that grandfather given jobs to my dad in 1989. This fact is wrong he got govt jobs in 1981. Now uncle forcefully using electricity, water,using varanda and put big lock entry gate to avoid entry all my family members. He creates nuisance in public said that they are on our mercy. Please help and guide in making police complaint or legal notice I am ready for fees.
In a nutshell let me simplify your problem, please correct me if i am wrong. Your grandfather had two sons and made one floor each for both his sons before his death to ensure no dispute arises in future between his sons. Your grandfather died without any will so technically his property shall dissolve equally among his heirs like wife, sons and daughter. Now your uncle basically wants to evict you from your first floor so that he can occupy. Firstly, in order to restrain your uncle from creating nuisance you should seek injunction from court wherein court will order your uncle to restrain from such activities. Secondly you should try and updating the records of shelter board delhi government by informing them that your grandfather has passed away and include his legal heirs like your father and uncle as owners. Thirdly it is also advised to make written complaints to police whenever he creates a scene in the building or its vicinity not for any formal charges but for record and reference only to show the court in future about the conduct of your uncle. Legal notice can also be sent to him to cease and desist, hopefully this will restrain him.
Helpful?
I can help you with notice and complaint and also advice further action. yes I understand. the issue you are facing is very common. connect further through call and meeting so I can properly explain the solutions to you after getting more details regarding your properties.
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Adv. Shiven Varma
Adv. Shiven Varma
Delhi | 25+ Answers
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In such cases you have three options.
First, you can serve him the legal notice which will be providing him 10 days to remove the locks and to vacate the premises and hand over the peaceful your father. Otherwise, you will be filing a legal proceeding against him.
Second, you can directly file an injunction application in the nature that the property belongs to your father you have to prove it either by title deeds or by position which was taken over by your uncle.
Third, you can file a declaration suit and seeking the court and seeking the directions from the court that the property belongs to your father and not your uncle. In my recommendation, you can first send the legal notice which may suffice your requirement.
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Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
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