Community › Forums › Legal Advice India › Can My Late Father’s Siblings Claim Our Only Home? Seeking Legal Advice
- This topic has 3 replies, 4 voices, and was last updated 1 year, 5 months ago by
Saratseeker418.
-
AuthorPosts
-
-
UUser_b50d719f
PARTICIPANT
January 12, 2025 at 6:29 amI’m 21 (M), seeking legal advice regarding a property dispute involving my late father’s siblings. Here’s the background:In 1980, a piece of land was purchased and registered in my late paternal grandmother’s name. However, it was my father who paid for it, as he was the sole earning member of the family. He even built a house on the land using his own funds for his family to live in. Unfortunately, we have no solid proof of this, as my father, being a walking charity saint, didn’t even have his own bank account. He deposited all the money he earned to his mom’s account. It wasn’t until after his marriage that my mother forced him to open his bank account.
My grandmother passed away in 2004, and my father in 2014. His siblings (one younger brother and two sisters) moved out of the property in 1999 after my father got married. Since then, my mother has lived on the property for the past 25 years.
After my grandmother’s passing, my mother began paying the property taxes. The RTC and other official records now list the owners as my mother and her three children.
The Issue:
This year, my father’s siblings filed a court case claiming 1/4th share each of the property. They argue that the land was registered in my grandmother’s name in 1980. While the original agreement is missing now, we had submitted it to the court in a 2007 case.
In 2007, my parents filed a civil suit against the previous owner of the land (from whom my father purchased the property in 1980). The court ruled in favor of my parents, declaring them the true owners through adverse possession.
Now, 14 years later, my father’s siblings claim that my father, as the eldest male in the family, filed the 2007 suit on their behalf to claim the property for all legal heirs of my late grandmother which is absolutely untrue.
For Context:
My father’s siblings never contributed financially to the property or supported the family.
They were not involved in the 2007 legal battle, where my parents struggled to get the court decree.
My father was the sole breadwinner, supporting his siblings emotionally and financially his entire life.
My mother has singlehandedly maintained the property for 25 years.
We have no other property or assets. I’m a college student, and my two younger brothers are minors.
This suit is an attempt to harass and torture us mentally. What legal options do we have to retain the property and protect our rights?
Any advice, guidance, or insights would be immensely appreciated.
Thank you!
-
SSaratseeker418
PARTICIPANT
January 12, 2025 at 7:49 amWhat does the judgement of 2007 say if decision was in 2007, else when was the decision given ? When was the name transfer complete? -
PPawanfox379
PARTICIPANT
January 12, 2025 at 9:43 amCan’t you get a copy of the 2007 judgement from the court?That may have details of who paid.
Also what were the ages of your uncles/aunts in 1980? Were they of earning age at that time to have contributed?
-
PPrakashtiger378
PARTICIPANT
January 13, 2025 at 12:13 amNAL, If your parents were declared as owners then that means both father and mother were co-owners of the property. Check the case number of 2007 case. Find a lawyer and get certified copies of the whole case, which you can file in court.
-
-
AuthorPosts