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UI(28F) live with my mother along with my dad’s younger brother in a family home. He has two other sisters who live nearby but the house just has two families. My mom and I stay on the first floor and my uncle stays on the ground floor. Since my dad passed away a few months back my uncle has been verbally abusing us all the time and saying stuff like we have no share in the house. The building behind my home is going for redevelopment and we have heard my uncle talking to them about selling our home. I don’t want to do the same but the share in this place of my family is 1/4. I am fearful of how to protect us. The house is in good condition and before my dad used to take care of the entire house. I do that now since I earn enough to support us comfortably. How do I approach this?
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UIf the house belongs to your grandparents you can’t do anything, if you can take loan then buy them out or sell the house at the end of the day they have a share in that house, you buy a property with that money and slowly build your for ever home in a different neighbourhood, also learn about the tax implications as well when you are selling
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PDonr sell. If you can raise funds, buy shares of others. Else file case against the uncle for harassment. He is gone greedy so you need to be careful.
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UCase for harassment seems to be a viable option. Loan amount is humanly too much and no an option for me 🙁 He has gotten greedy. He lives also with little to no expenses. My family pays the tax, and all pump related electricity expenses. The idiot has to just chill and freeload. That also he’s acting like this
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UIt doesn’t matter whether you want to sell it or not. The problem is that you own only 1 out of 4 shares of the property. If the others take the matter to court, the ruling may not be in your favor, and you will only receive the amount determined by the government’s valuation.
For example, if your uncle sells the property for ₹50 lakhs on paper but actually sells it for ₹2 crores, your legal share would be only ₹13 lakhs instead of ₹50 lakhs. You need to think logically, not emotionally.
What You Should Do:
1. Consult a Lawyer – Since it’s an ancestral property and you have been living there for a long time, you may have legal options to protect your share.2. Buy One Share at a Time – You might not be able to buy all three shares at once, but you can start by purchasing one. If you buy one of your aunt’s shares, you become the majority shareholder, giving you an advantage.
3. Secure Two Shares – If you manage to buy two of your aunt’s shares for the price of one, you will have a controlling interest in the property, leaving your uncle with limited options.
You need to act fast before your uncle does the same, or you might lose the upper hand.
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UCourt cannot force you to sell the house. They will determine the share but not in absolute value terms. The judgement will be only say she is entitled to 1/4th the share. She can stay there as long as she wants. Court cannot evict her
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UYes, they can. If three others want to sell, she doesn’t hold the majority. This happened to a relative last year his brother did the same thing. He took the matter to court, and the court ordered him to accept ₹17 lakh. However, if he had cooperated with the sale, he would have received ₹1 crore, both on and off paper. The OP’s case may not be fair, but you have to think logically here
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USo if they can’t evict me? Can I file a suit for injunction/put a stay on the sale if it come to it?
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UYes. In case you do go for the sale option in the future, get your house appraised by a professional. There is a chance the paper value may be say 2cr but actual value is saying 2.5cr. the seller may give the cash to your uncle and split the rest among you.
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UNAL but have filed a similar title and partition suit against my uncle. Very likely your uncle is trying to gulp your share of property! You may have to involve a Civil Lawyer for a title/ partition suit as a last option.
Anyways, Your first goal should be to find out, who owns the land i.e. on whose name it is registered; and the same for the building. If it’s your grandfather, as per Hindu Succession Act you are one of the legal heirs along with other Class 1 heirs. Try to find out relevant documents and go and meet a Civil Lawyer in case you find things to be a bit shady on your Uncle’s end (Ensure to meet 3-4 lawyers , they will mostly charge 500-1000 for a 30 mins meeting & check with each of them how they will frame the case. It will give you a broad idea as well). Also, if your uncle does agree to share the sale amount, no matter what your uncle promises in verbal, ensure you have everything written on a 200 rupees stamp paper !
Try to involve your father’s sisters as well and see if they can help. Worst case scenario – the property gets divided into 4 and your fua transfers their share to your uncle. So, you get 25%. Best case is they agree to step out and you and your uncle gets 50-50%.
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UThe land in in the name of my Grand father (deceased) and yes, same for the building. But I don’t want to sell. How can I stop that?
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ASell, take your share and move somewhere. Living with your Uncle/their family will be hell from now on.
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PIf your share is 1/4 . U cannot stop the sale if others want to sale it. And why do you wanna stay with toxic people. Get your share and be in every discussion, otherwise you will get a share in official paper payment ,not what they take under the table.
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PHome is where you and mom are, and you have peace. Can you trust your uncles to not only abuse but do physical harm? Legally, they have a right to sell. And legally, you have a right in that house which you should stand your ground on. And once you have peace ,you will realize peace is the most important thing and safety.
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AJust an addition to this good guidance. If payment is promised, take your share directly from the buyer, no other way should count as payment to you.
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