Community › Forums › Legal Advice India › Can I sue my cousin?
- This topic has 16 replies, 9 voices, and was last updated 1 year, 5 months ago by
User_6b701231.
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UUser_6b701231
PARTICIPANT
January 12, 2025 at 5:25 pmSo my father has an elder brother we have an ancestral property worth around 6 crores, my father’s brother emotionally blackmailed by grandparents and the house is under my uncle’s name since the past 12 years ,I know since there seem to be no proof of the blackmailing stuff is there still any remote chance where I can sue my cousin for the share? -
PPronimesh3885
PARTICIPANT
January 12, 2025 at 5:40 pmYou can afaik. Since it’s Ancestral property, you can stake your claim. Seek a strong vakil consultation.-
UUser_6b701231
OP
January 12, 2025 at 5:47 pmThank you for your advice!
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SSilentfalcon7023
PARTICIPANT
January 12, 2025 at 5:43 pmIf the papers are valid and the property is under your uncle’s possession for the last 12 years then AFAIK there is not much you can do. Please consult a lawyer but sorry to say this, I don’t think there is much you can do.-
UUser_6b701231
OP
January 12, 2025 at 5:49 pmHmm I see, thanks for your advice btw! Still gonna approach the lawyer!
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IIndiandude2263
PARTICIPANT
January 12, 2025 at 5:53 pmIf it is ancestral property and it will go equal to all person. If it was not divided properly you can take a legal opinion.Your grandfather cant give ancestral property to any one person. If the property is self acquired only then it can be done .
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UUser_6b701231
OP
January 12, 2025 at 6:07 pmThanks, I Will definitely consult a lawyer asap!
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BBraveseeker242
PARTICIPANT
January 12, 2025 at 6:17 pmYou have legal rights. Just file case through court.Don’t worry even if he manipulated grandparents
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UUser_9a843357
PARTICIPANT
January 12, 2025 at 6:20 pmYou can, if it is Ancestral property all children have the right. -
UUser_2b8a531e
PARTICIPANT
January 12, 2025 at 7:33 pmIf its ancestral property for your grandfather too then you can file for partition but if it is your grandfather’s self acquired property and he has transferred it to your uncle, you cant do anything really since it was done during his(grandfather’s) lifetime and he has a right to transfer his self acquired property to anyone he chooses. -
UUser_d8e43363
PARTICIPANT
January 12, 2025 at 9:01 pmIs grandfather alive?-
UUser_6b701231
OP
January 12, 2025 at 9:30 pmNope passed away in 2002-
UUser_d8e43363
PARTICIPANT
January 12, 2025 at 9:31 pmHow did the grandfather get the property? How long has the property been in the family?-
UUser_6b701231
OP
January 13, 2025 at 5:04 amThe Grandfather got the property from my great grandfather’s father I am from a noble family in Rajasthan so the property was provided for the services in the war by the then his highness of the princely state, the property has been in the family for around 100 years now
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UUrbanfox4601
PARTICIPANT
January 13, 2025 at 12:54 amIn India, statute of limitations is 12 years in case of property. If your grandfather died in 2002 and the property is in the name of your uncle for more than 12 years, there is little you can do about it now.In any case, consult multiple lawyers before throwing money at one. You might be taken for a ride by a lawyer who just wants to milk you till he/she can.
Also, don’t let your uncle/his family know that you are considering this option. They would sell the property before you can file a lawsuit. And the sale would be deemed legal.
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UUser_6b701231
OP
January 13, 2025 at 5:05 amOkay I understand thanks for advising me in such detail, will keep all the points in mind before I approach the lawyer
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UUser_d8e43363
PARTICIPANT
January 13, 2025 at 6:09 amYou can say that it just came to your knowledge that the property was transferred. Since it is a house you can say that you were merely letting your uncle stay there out of natural care. On coming to know of the transfer you are now approaching the court. It’ll take time but there are chances that you’ll get the relief
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