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Joint hindu family property in name of uncle can he claim property


06-May-2023 (In Property Law)

Family -Hindu We were a joint family living in Haryana. After my grandfather's death, property dispute started. The house in which we are living is on my tau (my father's elder brother) name. My tauji is also dead. Now his family is claiming to vacate the house. We have been living in this house since it was build i.e. more than 25 years. How strong is our case. Please help.

Answers (2)

Answer #1
601 votes
THIS NEEDS TO BE SEEN, PROPERTY IN WHICH YOU ARE RESIDING IS HUF PROPERTY OR ANCESTRAL PROPERTY/PROPERTY PURCHASED THROUGH ANCESTRAL FUNDS OR IT CAME IN SHARE OF YOUR UNCLE AT THE TIME OF PARTITION, AND ACCORDINGLY IT CAN BE DECIDED, YOU HAVE RIGHT IN THE PROPERTY OR NOT. YOU MAY ALSO CLAIM ADVERSE POSSESSION DEPENDING UPON FACTS OF YOUR CASE.
YOU MAY CONTACT ME WITH SPECIFIC DETAILS OF YOUR CASE.
Answer #2
594 votes
The property clearly seems to be a joint property. Thus, if there is dispute you must file a suit for partition by metes and bounds. Since you have been living in the house for that long you cannot simply be ousted. But you will definitely have to compromise with something which would either be letting go of your share or buying the others or taking your share from the proceeds of the sale of the property after disposing it of.

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