Community › Forums › Legal Advice India › A summon for property claim
- This topic has 4 replies, 3 voices, and was last updated 1 year, 4 months ago by
User_86dc9c22.
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UUser_86dc9c22
PARTICIPANT
February 1, 2025 at 8:53 amMy father separated from his mother, sister and brother living together due to space constraint. My granny had a will and gave the house to aunt and uncle. Which we had no problems since we have our own home.My father passed away 3 years back. My mother passed away just a month back. Entire family was there to sweet talk.
Then within 15 days we siblings received some letter from lawyer saying we need to come to court to show a claim for the ancestral property where aunt and uncle lives or sign it off to them. And if we don’t claim anything, it becomes theirs.
Now this would have been easier if they had just told the issue. What hurts us all is that the dates on the paperwork are just 2-3 days after our mother’s death. Honestly, have no respect left for them.
In short, we could have signed it if they asked. Because that’s what Dad wanted. But we skipped the date since none of us were available in town.
I just want to know whether this thing is over for us so we can move on and move away from them or will it still keep coming.
PS. A friend explained it’s not a legal case and we are not at all obliged to go. Especially the way it was delivered, we want nothing to have with them.
Also, henceforth is it ok if I don’t accept any couriers from their lawfirm? With limited budgets to live and mother’s prolong illness and my own where I spent nearly 50K a month for 4 years, I have no capacity to actual get a lawyer and get into legal proceedings.
Seeking advice. Thanks in advance.
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UUser_6815da47
PARTICIPANT
February 1, 2025 at 2:15 pmIf it is not a legal case, notice from court no need to respond. Looks like a lawyer’s notice which is mainly for intimidation. I don’t think it will amount to anything, you can just ignore it. Proper way for your uncle and aunt was to make a application with property registry/court and they will issue you a notice seeking your non-objection. If you do not respond they may take its as no objection and give property to your uncle and aunt. This may wary from state to state.Since you do not want to make a claim, there is no need to respond to any mail or notice.
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UUser_86dc9c22
OP
February 3, 2025 at 7:42 pmThank you so much
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AAshishmaster940
PARTICIPANT
February 3, 2025 at 1:57 pmLawyer here.It must be a legal notice. Forget or respond depend upon the contents.ย
Meanwhile, file a partition suit to secure your rights.ย
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UUser_86dc9c22
OP
February 3, 2025 at 7:42 pmThank you so much
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