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UMy paternal grandfather owned a flat in Mumbai which after his demise was transferred to my grandmother. She lived in this flat together with my 1 unmarried uncle currently flat is gone for redevelopment. So they both moved to rented apartment. The builder was giving them ranked on my grandmother‘s name since she is the flat owner. Few months ago, my paternal grandmother passed away without a will. The Builder has now stopped the rent until somebody is legally the owner of the flat. My paternal grandparents had three kids (2 boys 1 girl (my mother)).
My unmarried uncle, who lived with her took care of both of them until their last day. My eldest married uncle paid for both of their medical expenses (because my unmarried uncle and mom were not financially strong). My mother has also taken care of both parents emotionally and by also providing meals to them since unmarried uncle cannot cook and also look after them. my uncle’s wife and his childrens never really looked after the grandparents.
now they are currently in the process of adding their names legally to this flat however, my married uncle has said to my mother that he will not add her name to the apartment because he thinks she doesn’t deserve anything as she never contributed financially. He wants to make himself the first owner of this apartment and my unmarried uncle as second owner. Things have turned bitter.
FYI: Hindu Family
What should be done here ?
Looking for genuine advice. Thank you 🙏🏻 -
PFlat ownership will devolve on all three in 1/3rd share each. Your uncle cannot do any thing as per his will. This is the law of the land and the court will award 1/3rd share to each of them
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UInvolving lawyers and going to court is indeed a big hassle. His daughter is also a lawyer so I guess for them involving time and money is not a big deal. But would they be able to do as he says legally via bribery etc?
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UMy unmarried uncle has created some loan not a huge amount maybe 3-5 lacs, this elder uncle is insisting that after transfer of property to his and other uncles name, that they should take a bank loan to clear his debt with this home as morgage for such a small amount which makes no sense to me. I think he is trying to involve bank to avoid legal issues/court matters later ?
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