Uncle trying to acquire the whole property
2 years ago
My mother had a property in her name.The land is in a posh area whose value is in crores now. she died when me and my brother was below 10years. We went to hostel after the incident. We don't had a good communication with my father although he was looking after our expenses. After getting a job I went to different state and my brother too. We were never sit as a family ever. My father paralyzed too when he was in late 50s. So he lives in village. My uncle then contacted father to build a home in my mothers property for my marriage. Father gave him 25lakhs . As father is suffering from paralysis he could not go and check. After completing the 1st floor, my marriage held there. After I leave, uncle started 2nd floor. When I come to know that I thought father must be allowed him. I had a good rapport with uncle and family where my father and brother didn't.uncle gave the 1st floor on rent and took the money and never told father about that. I believed him. I occasionally visit the house. When covid came, my brother came back to our state and asked uncle to vacant the ground floor at least. Uncle denied. My wife again asked again he denied. When I asked he said transfer the 1st floor to the name of their daughter then he will vacant the ground. The fight went preety ugly between him, his family and my brother, wife and father. So I asked uncle we will give the construction cost of 1st floor and we can't live together because you broke our trust. He is not ready but aunty is ready to take money. But they are demanding more money saying they invested some 50-60 lakhs 5 -6 years back.
Note
- No one from our family except me lived in that house. I lived hardly two months in last 5-6 years.
- They never told father that they rented the ground floor, not even gave single penny in 5years.
- they had no lease agreement with us.
- Uncle had a vigilance case in 2016 where they said they are living in this house as tenant and the owners are in different state.
- Uncle can use his monetary power to take the whole property.
My question-
- Should we give more money than construction?
- If yes, then can we deduct money for depreciation of the house and rented money.
- If they deny to take only construction cost what legal action we can take? What is the probability of winning?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that until and unless,the aforesaid facts be known,proper legal remedy cannot be suggested.