How to get grandmother back from uncle's custody
01-Sep-2023 (In Family Law)
Dear Sir, My father, his brother (my uncle) and grand parents made a parition of the 18 acers of land among themselves, 6 acers each. My grand parents choose to stay with my uncle and my dad shifted away from them to another city. Now my uncle being custodian of my grand parents have sold the share of my grand parents 6 acers and kept the money with him. Intention of this sale is just to avoid and claim from my dad in future on my grand parents share. All this happened 20 years back. Now my grand father expired and grand mother is living with my uncle. My uncle almost house arrested her and not allowing us to visit her occasionally. My grand mother want to stay with us but my uncle is not allowing her. Now, do we have any legal possibiity of getting share in our grand mother sold property. How can we get back our grand mother to my dad.
Dear,
After partition of the property, your grandparents share in the property has become their self acquired property and now as a grandson/grand daughter you do not have any share in your grandmother's property when she is alive or even when she passes away as you are eligible to claim only your father's share in the property when your father passes away. Your father and uncle can claim your grandmother's share once she passes away but cannot claim her share when she is alive. Therefore, send a legal notice through a lawyer to your uncle and claim your grandmother's share in the property. If he pays fine, else file a civil suit in the jurisdictional civil court and claim your grandmother's share. Engage a civil court lawyer for this.
Coming to freeing your grandmother from your uncle's custody, immediately file a police complaint with the local police and ask them to file FIR. The police may file FIR under wrongful confinement, criminal intimidation. Thereafter, police will investigate and assist you further. However, if after registration of the FIR, the police does nothing, file a writ petition in High Court (Writ of Mandamus, i.e. requiring the authority to do what they are duty bound to do, i.e. proceed against your uncle and secure your grandmother's release. The High Court will direct the police to secure your grandmother's release. Alternatively, if you do not wish to file a police complaint, file a Habeas Corpus Writ in High Court directly. Habeas Corpus writ is filed for releasing a person who has been wrongfully detained. You can make a case out that your grandmother's right to life and liberty guaranteed under Article 21 of the Constitution has been violated and hence she should be released immediately. The High Court will direct the police to produce your grandmother before it. Feel free to contact me if you need any assistance or help in this regard.
After partition of the property, your grandparents share in the property has become their self acquired property and now as a grandson/grand daughter you do not have any share in your grandmother's property when she is alive or even when she passes away as you are eligible to claim only your father's share in the property when your father passes away. Your father and uncle can claim your grandmother's share once she passes away but cannot claim her share when she is alive. Therefore, send a legal notice through a lawyer to your uncle and claim your grandmother's share in the property. If he pays fine, else file a civil suit in the jurisdictional civil court and claim your grandmother's share. Engage a civil court lawyer for this.
Coming to freeing your grandmother from your uncle's custody, immediately file a police complaint with the local police and ask them to file FIR. The police may file FIR under wrongful confinement, criminal intimidation. Thereafter, police will investigate and assist you further. However, if after registration of the FIR, the police does nothing, file a writ petition in High Court (Writ of Mandamus, i.e. requiring the authority to do what they are duty bound to do, i.e. proceed against your uncle and secure your grandmother's release. The High Court will direct the police to secure your grandmother's release. Alternatively, if you do not wish to file a police complaint, file a Habeas Corpus Writ in High Court directly. Habeas Corpus writ is filed for releasing a person who has been wrongfully detained. You can make a case out that your grandmother's right to life and liberty guaranteed under Article 21 of the Constitution has been violated and hence she should be released immediately. The High Court will direct the police to produce your grandmother before it. Feel free to contact me if you need any assistance or help in this regard.
Now you can not claim the share of your grand parents share, however the share has been sold and the cash is with your uncle (It is doubtful) . Until unless your grandmother having cash in her name then only you can claim after her time. As per your statement your uncle will not give that choice to you. Now caring of your Grand mother is depends upon her wish.
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