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Can my father and his brothers claim shares in grandmother's property?
05-Jan-2023 (In Property Law)
My grandmother has 5 sons.She was having a house in her name. She was suffering from stage 3 alzheimer ( she was not able to understand the nature of act and not able to realise the things i. e she was unfit to make a legal will) at that time one of my uncle has signed her house in his name as a gift without informing rest of his brother's. Now after her death he is claiming that property. Two of my uncle's still live in that house and he is asking to leave that house. Now how can my father and his brothers can claim that house. What is the legal proceedings in this case. Can we file a case. ?... We are HINDU
you should file a complainant against your uncles as they are not the rightful heirs to the property. if you do not take action soon then with the help of these forged documents your uncle will claim the property to be there own and evict you unlawfully.
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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At the outset, let me acquaint you with the fact that the document which you have referred to as 'affidavit' in the earlier part of your statement if facts, is in pith and substance a 'settlement deed' (at least it seems so without perusing it). The rights of your father and his legal heirs, which otherwise were to flow out of the law, are now subject to the deed of settlement made by the surviving heirs in 1977 (as approximately mentioned by you). Since your father was also a signatory to this deed of settlement, the legal effect of his signatures could be that your rights in the property during the lifetime of your father are emasculated. When the property was proposed to be sold in 2005 you could have obtained a stay order on the sale after proving your equal rights therein.
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Adv. Rishabh Jain
Delhi | 100+ Answers
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