For property distribution and fake case
4 years ago
Hello sir..
My uncle had a house and he gave it to my father. My father with his family lived in that house.after death of my uncle (father's brother) another brother of my father filed a case for that home. The case goes to dakhil kharij and after death of my father, owner of house is my mother.but uncle file a new case for partition of house.he says in his case that he with his family lives with my family in that house and wants partition of house. But in reality he does not live in that house.only my family is staying in that house. Kindly give some advice what can we do to win that false case.
Shreyash Mohta
Responded 4 years ago
1. is that house a joint property ?
if YES, then the case is not false and he can go ahead with the partition suit.
2. If the house is self acquired.
Then you shall prove such case false by providing relevant documents.
Thanks.
Shreyash Mohta
Sayaree Ganguly
Responded 4 years ago
It depends on the procedure by which your 1st uncle transferred the property to your father. If your uncle was the sole owner of the entire property and he gifted or by a written will transfered the property in the name of your father then your 2nd uncle shall have no right on it but if it is an ancestral property and all the brothers
equally own the property then your 2nd uncle can surely claim his share by way of partition deed.
Thanks.
Deepak Yashwantrao Bade
Responded 4 years ago
Rameshwar Dadhe
Responded 4 years ago