Land grabbed by my uncle from grandmother without her knowledge

940 votes

First you need to know on whose name the property stands at the time of such a registration happened. Is it in your grandfather name at the time of his demise? or in the name of your grandmother. If it was in the grandfather's name at the time of his demise, than any such deed is invalid in the eyes of law. If it is in the name of your grandmother than the following coarse of action can be taken. Your grandmother may move it legally. He may raise a criminal compliant and can also initiate a civil proceeding for the cancellation of the deed (Settlement Deed i presume - need to see the kind of document / Encumbrance certificate to conclude). Furthermore, she should get an injunction from being thrown out of her house by an order of a civil court this may indeed also help her to proceed further to ensure the title in the name of his son (your uncle) get cancelled in the next step. Such a injunction is easily achievable if proved, and it will be delivered in the very first proceeding itself though an interim stay. This interim stay will eventually be extended. Other sisters and the sole brother of your uncle can be impleaded in the case will be an added advantage. And this will ensure you to win the case.

Advocate GP Vijay LawRato

803 votes

Your grandmother should aproach court for cancellation of the registered deed transferring the property on her son's name.

How do you say that all her children have equal rights in the property especially when she is alive?

By the way whose property it was, whether your grandfather's?

If so, did he die intestate?

If yes, then your grandmother has no rights to execute the entire property on her son's name, the other heirs, i.e., the daughters can file a partition suit seeking partition and separate possession of their legitimate share in the property.

You may revert with details for more proper opinion on the subject.

Advocate T Kalaiselvan LawRato