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Q. For property distribution and fake case

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Butool Rizvi

posted 1 year ago

Q.For property distribution and fake case
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.

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Sir, there area few things which need to be clarified.

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

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Butool Rizvi

Replied 1 year ago

sir.... it's not a ancestral property. Bcz my 1st uncle was the sole owner of this property.

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Shreyash Mohta

Experience: 2 Year(s)

Replied 1 year ago

Please contact me through Vidhikarya for further clarification.
Thanks.

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Lies cannot be proved that easy. Have faith in Judicial system.

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Sayaree Ganguly

Experience: 3 Year(s)

Responded 1 year ago

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A. ) Dear Client,
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.

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Butool Rizvi

Replied 1 year ago

My 1st uncle was sole owner of this property. And now owner of this property is my mother. But due to this case we can't selling this property .

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Deepak Yashwantrao Bade

Experience: 10 Year(s)

Responded 1 year ago

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A. ) Dear client in your matter you can file counter case or in your written Statement you can claim and deny all their false statements. even you can produce all genuine documents and proofs of all bills paid by your mother. Kindly go through experienced lawyer for better proceedings.

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 year ago

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A. ) If u have any evidence to prove it is Ur home . Otherwise his come into the joint family properties.

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Butool Rizvi

Replied 1 year ago

we have many proves like dakhil kharij... electricity bill... water tax bill... home tax bill..gas connection.. .aadhar... Voter... Passport... Nd even our school certificates. But they have not a single proof that they live in that home. Is our proves are not satisfactory?????

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Butool Rizvi

Replied 1 year ago

Replied A few Seconds ago

we have many proves like dakhil kharij... electricity bill... water tax bill... home tax bill..gas connection.. .aadhar... Voter... Passport... Nd even our school certificates. But they have not a single proof that they live in that home. Are our proves not satisfactory?????

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Rameshwar Dadhe

Experience: 4 Year(s)

Replied 1 year ago

Then file declaration suit against them immediately

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