Mothers property
1 month ago
Hello, my grandfather, my mom’s father purchased a property in her name in 1997, the documents are with my uncle(mom’s brother), I somehow managed to get a hold of getting some blurred out pictures for the property as my uncle is unwilling to give it to me, he also forcibly tried to take the GP for this property but didn’t succeed. Is there a way I can get the documents to this property as my mother passed away in 2018 following which my dad also passed away in 2024. Neither my mom’s side or my dad’s side people are humane. Please help me out here.
A.Dear Client,
In the given situation, you should initiate legal proceedings to protect your rights. First, file a civil suit for a declaration under Sec. 34 of the Specific Relief Act, 1963 before the competent Civil Court. In this suit, seek an injunction under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC), read with Section 151 of CPC. Request the court to exercise its inherent power to ensure justice in the matter.
Additionally, file a private complaint against your uncle (mom’s brother) in the court of the Magistrate under Sec. 200 of the Criminal Procedure Code (CrPC). This section outlines the procedure for a Magistrate to take cognizance of an offense based on a complaint. The process involves presenting a written complaint or information to the Magistrate. The Magistrate, upon receiving the complaint, will examine the complainant and witnesses upon oath, and the substance of the examination will be recorded in writing. This documentation will be signed by the complainant, witnesses, and the Magistrate, initiating further legal proceedings based on the complaint.
In the given situation, you should initiate legal proceedings to protect your rights. First, file a civil suit for a declaration under Sec. 34 of the Specific Relief Act, 1963 before the competent Civil Court. In this suit, seek an injunction under Order 39 Rule 1 & 2 of the Code of Civil Procedure (CPC), read with Section 151 of CPC. Request the court to exercise its inherent power to ensure justice in the matter.
Additionally, file a private complaint against your uncle (mom’s brother) in the court of the Magistrate under Sec. 200 of the Criminal Procedure Code (CrPC). This section outlines the procedure for a Magistrate to take cognizance of an offense based on a complaint. The process involves presenting a written complaint or information to the Magistrate. The Magistrate, upon receiving the complaint, will examine the complainant and witnesses upon oath, and the substance of the examination will be recorded in writing. This documentation will be signed by the complainant, witnesses, and the Magistrate, initiating further legal proceedings based on the complaint.
Helpful
Helpful
Share
A.Dear Client,
In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Apart from this, you can file a private complaint against your uncle(mom’s brother) in the court of the Magistrate under Sec.200 Cr PC which outlines the procedure for a Magistrate to take cognizance of an offence. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offence must present a written complaint or information. A magistrate taking cognizance of an offence on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate to initiate the onward proceedings into the complaint. Reach out to an Advocate for guidance and steps.
In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Apart from this, you can file a private complaint against your uncle(mom’s brother) in the court of the Magistrate under Sec.200 Cr PC which outlines the procedure for a Magistrate to take cognizance of an offence. The section begins with the requirement that any person who desires the Magistrate to take cognizance of an offence must present a written complaint or information. A magistrate taking cognizance of an offence on a complaint shall examine upon oath the complainant and witnesses present if any and the substance of such examination shall be reduced into writing and shall be signed by the complainant and witnesses and also by the magistrate to initiate the onward proceedings into the complaint. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
A.Dear Sir,
You may lodge complaint with Police and they may registered a case under Section 420 and 406 of IPC.
You may lodge complaint with Police and they may registered a case under Section 420 and 406 of IPC.
Helpful
Helpful
Share
Read Related Answers
LTCG ON SALE OF PROPERTY
Dear sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dyin...
Relinquishment deed signing by sister
Dear sir,
Yes if your wife signs relinquishment deed then she will loose her share. The other party can sell the entire property. Stamp duty etc. depends upon state government rule please check sub re...
Apartment issue
Dear Client,
If there exists a registered Society in the housing complex, then you should bring the matter to the notice of the concerned Society. In case the matter is not resolved or no society exis...
Formalities to be done by landlords regarding tenants in Ghaziabad UP
Dear Client,
Few metropolitan cities across the country have made police verification of tenants with local police stations mandatory for the landlord. Cities like Delhi, Bangalore, and Kolkata are a...
Flat Purchase
Dear Client,
In addition to the above, you need to obtain the following documents:
Mother Deed
Building Approval Plan
Sanctioned Plan Copy
Water & Sewage, Pollution, Electricity Approvals
Commencement...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
