Legal Question in Real Estate Law in India

Hi,

I need some help on a property issue that we are facing.

Firstly to give you a background:

My Grand mother (94 years), Parents (Father - 59 years, Mother - 50 years) and I (26 years) stay in a house in Mumbai (India) which is on my Grand father's name.My Grand father has died several years ago. He has left no Will.

My father has 5 brothers(1 brother has died) and 2 sisters(1 sister has died).

Earlier everyone used to stay in the same house which is on my Grand father's name. All my uncles have made their choice and have moved out of this house several years ago.

My father has been taking care of my Grand Mother for the past 30 years.

The ration card is on my father's name and there are only 3 more names listed on the card (viz. Grand Mother, Mother and Me). None of the uncle's names are on the ration card.

My father recently requested for a change of name on the electricity bill. The change was made in his favor however my uncles have raised an objection on this and sent a legal notice to the Electricity department which in turn has sent the notice.

While making this change, my father had taken NOC from my Grand mother.

After we received the notice, we had a meeting with my uncles and they are not willing to give us No Objection Certficate (NOC).

Also, they are not willing to take care of my grand mother. All they want is a share of the house. They are telling us to take care of our Grand mother and they would share the expenses. Nobody is willing to take efforts and look after her.

My Grand mother keeps on changing colours depending on the situation. Sometimes she takes my Father's side and sometimes my Uncle's side.

All my uncles are well settled (one of them having 8 to 10 houses).

My father is going to retire in 8 months time. He has not saved anything for such a situation. I am not earning so much that we can afford to buy our own house.

My questions to you are as follows:

1. Can we ask them for the expenses that my Father has made on my Grand Mother for the past 30 years?

2. This property is going under re-development. Can we ask for our share?

3. Do they have the right to claim this property?

4. What is the most optimal solution to this problem?

5. Can they throw us out of the house?

6. If my Grand Mother signs a Will, stating that after her husband's death, as per the law she becomes the owner and after her death, she would want the property to be transferred to my Dad's name alone (none of my uncles can claim any share), then will the property be transferred to my Dad's name?

Would appreciate your help as my father is all alone and he has these 4 people (uncles) against him.

We are poor and can't afford to come on the roads after taking so much of pain and efforts for my Grand Mother.

Awaiting your response.

Thanks & Regards,

Anonymous

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