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Uncle filed case Under Order 7 Rule 1 and 2 on property of my father.


28-Oct-2023 (In Property Law)

Hi my uncle (Father younger brother) was living with in a village for few years later he settled down in the city (since 28 yrs) after my father passed away he has filed a civil case on U/o 7 Rule 1 and 2 R/w Sec.26 We have 3 property 1. House my father constructed a big house - Self acquired property, 2. Agri land self acquired property 3. agri land is a ancestral property. My uncle use to visits to us 4-6 months once and he use to take money for his 2 daughter education, and other expenses (i've proofs) .My uncle made properties in his wife (house wife ) name (i've a documents

Answers (1)

Answer #1
119 votes

Your uncle has only some rights over the agricultural property which you say is an ancestral property. Other than that he has no rights in any other property.

Regarding the civil case, you are required to know about the details of the matter. If he has illegaly got the properties in his wife's name, than you are suggested to file a police complaint alleging that if has got the property registered in his wife's name by fraud.

Also file a declaratory suit along with original and true documents you have saying that the properties are in the name of your father and ask for direction from the court to cancel the registration of the property in your uncle's wife's name.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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