Can I sue my cousin? – lawyerbuddyforum

This topic has 16 replies, 9 voices, and was last updated 1 year, 5 months ago by User_6b701231.

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- January 12, 2025 at 5:25 pm #75729 Reply
  User_6b701231
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  User_6b701231
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  January 12, 2025 at 5:25 pm
  
  So 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?
- January 12, 2025 at 5:40 pm #75738 Reply
  Pronimesh3885
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  Pronimesh3885
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  January 12, 2025 at 5:40 pm
  
  You can afaik. Since it’s Ancestral property, you can stake your claim. Seek a strong vakil consultation.
  - January 12, 2025 at 5:47 pm #75743 Reply
    User_6b701231
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    January 12, 2025 at 5:47 pm
    
    Thank you for your advice!
- January 12, 2025 at 5:43 pm #75737 Reply
  Silentfalcon7023
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  Silentfalcon7023
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  January 12, 2025 at 5:43 pm
  
  If 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.
  - January 12, 2025 at 5:49 pm #75742 Reply
    User_6b701231
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    January 12, 2025 at 5:49 pm
    
    Hmm I see, thanks for your advice btw! Still gonna approach the lawyer!
- January 12, 2025 at 5:53 pm #75736 Reply
  Indiandude2263
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  Indiandude2263
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  January 12, 2025 at 5:53 pm
  
  If 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 .
  - January 12, 2025 at 6:07 pm #75741 Reply
    User_6b701231
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    January 12, 2025 at 6:07 pm
    
    Thanks, I Will definitely consult a lawyer asap!
- January 12, 2025 at 6:17 pm #75735 Reply
  Braveseeker242
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  January 12, 2025 at 6:17 pm
  
  You have legal rights. Just file case through court.
  
  Don’t worry even if he manipulated grandparents
- January 12, 2025 at 6:20 pm #75734 Reply
  User_9a843357
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  User_9a843357
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  January 12, 2025 at 6:20 pm
  
  You can, if it is Ancestral property all children have the right.
- January 12, 2025 at 7:33 pm #75733 Reply
  User_2b8a531e
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  January 12, 2025 at 7:33 pm
  
  If 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.
- January 12, 2025 at 9:01 pm #75732 Reply
  User_d8e43363
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  January 12, 2025 at 9:01 pm
  
  Is grandfather alive?
  - January 12, 2025 at 9:30 pm #75740 Reply
    User_6b701231
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    User_6b701231
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    January 12, 2025 at 9:30 pm
    
    Nope passed away in 2002
    - January 12, 2025 at 9:31 pm #75744 Reply
      User_d8e43363
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      January 12, 2025 at 9:31 pm
      
      How did the grandfather get the property? How long has the property been in the family?
      - January 13, 2025 at 5:04 am #75745 Reply
        
        User_6b701231
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        User_6b701231
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        January 13, 2025 at 5:04 am
        
        The 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
- January 13, 2025 at 12:54 am #75731 Reply
  Urbanfox4601
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  January 13, 2025 at 12:54 am
  
  In 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.
  - January 13, 2025 at 5:05 am #75739 Reply
    User_6b701231
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    User_6b701231
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    January 13, 2025 at 5:05 am
    
    Okay I understand thanks for advising me in such detail, will keep all the points in mind before I approach the lawyer
- January 13, 2025 at 6:09 am #75730 Reply
  User_d8e43363
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  January 13, 2025 at 6:09 am
  
  You 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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