Want house back as uncle living in house registered in father's name

Our house was constructed by my great grand father in heart of Shimoga City and he divided house into two parts. One half registered in my dad Name and another half in my grandfather name. My grand father passed away many years ago. My grand father has three son's and my dad is elder among them. Now my uncle isn't letting this house to us. Not even half portion which is registered in my dad Name. We asked them many times but they aren't letting house to us. My father nd his brothers divided 37 years ago. Till the date we are cheated by them and they are not even paying us the rent for living in our home. Now we want our house registered in my dad name. Please suggest me how to take an legal action on them to get our property back and even the rent of the house since they are living there. Please help me out of this. Once wen we asked our house, my dad was attacked by them due to which my dad was in bed rest for six months. Please help me out regarding this.

Answers (1)

281 votes

You will have to file a suit for partition to seek 1/3rd share in the share that belonged to your grand father. Your father has a complete right over his 1/2 share. You say that your great grandfather constructed the house, and registered 1/2 share in your father's name, and 1/2 in your grand father's name, the property would devolve upon all members of the family if the house was built on an ancestral land, in other words, if the house was constructed on a plot, which was not a self acquired property of your great grandfather.

You should consult a lawyer at the earliest to get appropriate advise based on the facts, and evidence in your matter.

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