Legal Question in Real Estate Law in India

Hello,

My grandparents were torchured to death. There are no evidences whatsoever. It is hard to explain, but many people are involved. Please bear with me. Here is the whole story....

My mother's family was a big family with Grandmother, Grandfather, 3 uncles and 1 daughter. As my 2nd uncle was about to marry, my 1st uncle died (1999). There was hatred in the family members all of a sudden. Even after 21 days of death of my 1st uncle, my 2nd uncle opted for marriage(2000). He got married, not even thinking of his brother's death as if he din't cared. Then there were various problems... fights, illness and more hatred. My 2nd aunt would waste allot of food and would provide my grandparents with salty food, not edible. They both had blood pressure problems. They used to cook it by themselves or sleep without food. They were torchured if they met any outsiders. There were fight regarding property. Then my 2nd uncle and aunt moved out as he got a new house. My 2nd uncle used to come and go. They both were abusive to my grandmother and would abuse her for each second and every activity she did. The pension was also taken away by my 2nd uncle and he used to throw money on their face and would ask an account of each rupee spendid. It was so much that she wished for death. Then my 3rd uncle came with a broken marriage to the house and was ill with TB. (His wife was having an affair and would do all the activities in front of him with her old boyfriend. It was hard for him. He used to fight with her for this reason. Then, she and her boyfriend with many other's did beat him up. No complain was registered as he was on emotional grounds.) This happened in (2006) Seeing this, my grandfather got a paralytic attack and was eventually admitted to the hospital. Grandmother was staying at the hospital with grandfather. My 3rd uncle, care was to be taken by my 2nd uncle. My 3rd uncle was very ill (Last stage of TB) he was not taken care of and was without food for three days. He eventually died in few days. His death ceremony was shocking as my 2nd uncle and his wife came with sweets (as they got a new bike ) and gave it to all who attended the death ceremony. Upon stopping them, they fought badly with my grandmother and my mother. My 2nd uncle's wife said that," I will kill your 3rd son (her own husband) too in 1 month". This was bad for my grandmother as she already had lost her two sons. And my 2nd uncle was the closest to her. even if he abused her and made her life worst.

[We got a new house in 2002. We got a 6th floor flat. We got to know that my 2nd uncle's wife had strong connections in that area. We by their politics got the flat in the society. After two years, there was no water and lift. We had no other option but to get water from below. All of a sudden all the colony people started fighting with us for no reason. There were people who used to stand on terrance and call out our name and torchure us for the same. We were scared to go out of the house. We were followed everywhere by these people. Even the garbage was checked out for our each activity. We are still going through this.....]

My grandmother used to be sick due to unknown reasons, the problems were never detected by any doctors. She used be mourning due to pain. My mother used to take care of her. She went to live with them for a month as the trap set by my 2nd uncle's wife was too strong. The month was horrible, as my grandfather was getting mentally ill. They lived in a small bunglow. Not so crowded area, but the property costs over 2 crore rupees. Then my mother came with my grandmother to our house. There was allot of tension. My 2nd uncle said that I will not take care of him (grandfather) and was abusive to my grandmother, but my mother threw papers upon his face and took grandmother with her. Things got worse when my grandmother was brought to our flat. Then when she went back to her own house, my 2nd uncle stopped her from entering her own house and threw all the things outside and dragged her out of the house. She suffered from a heart attack, mild one. She had no place to live, as she could not return to our house thinking that there would be a problem to us. After she left, in one month, she died due to heart attack. During her death ceremony, all were present. My 2nd uncle's wife abused and fought again with my mother as my grandmother's death body was lying. She said that," I am the one behind it, because I need the property". We were too depressed and sad to even fight.

My grandmother was 65-years old when she died. Then, after my grandmother's death... my grandfather was forcefully taken by my 2nd uncle to his house and kept him in a room locked for the whole day with no food. He used to beat him up. He was halfly paralyzed and needed some one to help him with daily activities. We were not allowed to meet him or call him. Eventually, he died in the same room due to heart attack. He was 75-years old when he died. The time period was 1 year after grandmothers death. All the property was then occupied by my 2nd uncle. Now, they have all the land.

My mother is left with behind with sadness and depression. After each death my mother was blamed by my 2nd uncle and his wife that, " You killed everyone". They also did gave us a bad name in all the society. People turn their heads off when we pass. I can't get a reason why? In order they think she will take revenge they are keeping an eye on our each activity and trying to be dominant.

The death's ocurred in series of 1-year.. 3rd uncle (2007), grandmother (2008) and grandfather (2009).

My 1st uncle died in (1999).

My 3rd uncle got married in (1999).

Please help me with what shall I do legally. After all these things we really don't have a heart to let them have all this. There was no WILL made. When my grandfather was alive, my 2nd uncle did make Power of Attorney. He did start a hotel and an Inverter company in the same house. He also has the 2 shops, but does not discuss anything about it.

[The property is registered on my grandfather's old name (Ganpatrao). My mother uses the same name.

My grandfather changed the name to (Gulabrao) without any paperwork done. That name is used by my 2nd uncle and 3rd uncle.]

Now they want to make a 7/12 document with all names registered. They have made some affidavit's regarding change of name and attested the death certificate. How much can this thing help them???

They are forcing my mom to sign.

They have strong connections with POLICE, GANGSTERS and many GOVT OFFICES. What decision shall we make. After all the above things happened, can we possibly opt to give away the property as donation or there is a way out. After she signs, they will kill her too. They did give a sign regarding this. PLEASE HELP ME...PLEASE.


Asked on 6/08/10, 2:40 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

With so many facts, it always advisable to consult your lawyer with all the documents and information for proper advice.

If there is something wrong, there has to be some remedy.

Read more
Answered on 6/08/10, 8:54 pm


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