Legal Question in Real Estate Law in India
Hi my name is Ricky ( name changed ) I live in Bangalore; my family has a property which was owned by my grandmother, My grandmother has 4 daughters and 3 sons, now only 3 daughters and 2 sons are alive, first son has 2 daughters there are married and his wife is expired when their daughters were young, my dad expired when we were young kids we are 2 sons and third son has 2 daughters still kids. Now that the property is in the name of my uncle (third son) we don�t know how it got transferred to his name, I only remember that we had signed on a white blank paper in the year 2000 or 2001 and my date of birth is December 1982 and my brothers is January 1984 as he told us that he had to get some electricity permission from the electricity board. After these events my grandmother expired in year (2002) and now he is paying property tax everything in his name. Two years (2006) back he took a sign from me, younger brother, and from my mother a signature in a stamp paper and in which it states that as we have rented out a portion of the property to a shop and we are receiving 15,000rs as rent it also states that we were staying in that portion of the property for 30years and now that we have rented it out and last line says however the entrance property belongs to MR. Uncle. But however we have not received a single rupee from him till this date ever since our birth.
As every one (other than the daughters family all of us) we all were staying in a joint family under the supervision of my grandmother and I am sure my grandmother was not aware of the property being transferred in my uncle�s name, now that he has chased us out of the house without any reasons and now we are homeless now we are staying in a rented house we have nothing left with us. He is earning every month a lakh rupees rent.
To Question these even by father elder brother is addicted to liquor so he is not bothered but he tell that he will support us.
Please Some Legal Advisor suggest me how i can get atleast some share of ours
Please also tell can I file cases anytime.
But one thing is for sure at any event of death of my uncle only we can take care of their kids, I love my sisters they are very special to me.
I love my grandmother and also want to hold the property in our family name.
And also can he sale the property without our signature.
Thanks in Advance.
Ricky (Name changed)
Additional Details
I don't have any property documents i don't even have my father's death certificate it is also with my uncle when i asked he told me that he has kept it some where, but will give me once he finds it
2 months ago
I only have my my name in the ratio card,voter id, my father school marks cards,eletricity bills of my grandmother,
2 Answers from Attorneys
Please collect all the documents and papers pertaining to property like Revenue Records, Registered Deeds, Death Certificates etc. (all these are public documents and certified copies can be obtained by any person) and consult your lawyer for proper advice.
For deciding any legal course, one need to understand not only genesis of title, but also various documents and entries.
At this moment you have to get the copies of the property you mentioned about from the local sub-registrar's office called as certified copies and the death certificate from the Municipality authorities by paying a meagre amount,which can define your father's status and thus you can claim you rights and shares in the property you have mentioned as the property is ancestor's and no will was executed by the owners of the property.Kindly contact a local lawyer.