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Uncle Claims Ownership of Dad's Property After 40-50 Years - What Should I Do?

Ramalingam

Ramalingam Kalirajan  |9852 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 20, 2025

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
ANWAR Question by ANWAR on Dec 19, 2024Hindi
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My Dad is in possession of two two rooms in a pagdi system which has completed all formalities for redevelopment(Dad has given n registered 1 room each to me n my sister) Redevelopment awaiting IOD. Now suddenly my Dads brother comes n claims he has share in the property possessed by my dad for 40-50 years since my dads father passed away 50yrs back and my Dads mother passed away 40 years back. He is just trying to harass us.... Principally my Dad has given his brothers n sisters share without ne documentation long long back. Can my Uncle harm us legally?

Ans: Your father appears to have been in possession of the property for over 40 years.

Pagdi properties often carry rights based on tenancy rather than ownership.

If the property was transferred to your father under the pagdi system and he has been paying rent, he holds legal possession.

Registered documentation for the division between you and your sister strengthens your claim.

Possible Claims by Your Uncle
Your uncle may claim a share based on inheritance rights under Hindu Succession Law.

If your grandfather owned the property, and no formal division occurred, heirs may claim rights.

However, your father’s possession for decades under the pagdi system may override such claims.

Legal Strength of Your Position
Proof of Possession: Your father’s long possession and rent payment history are critical.

Documented Transfers: Registered division of rooms to you and your sister strengthens legal standing.

No Recent Claims: Your uncle has not raised this issue for decades, weakening his claim.

Actions to Protect Your Rights
Obtain Legal Documentation
Gather all proof of rent payment under the pagdi system.

Secure redevelopment-related documents, including agreements and registration.

Consult a Property Lawyer
Seek advice from a property lawyer with expertise in inheritance disputes.

The lawyer can assess the specific facts and prepare for legal defense if needed.

File a Declaratory Suit
If the uncle continues harassment, consider filing a declaratory suit.

This will establish ownership rights and protect against frivolous claims.

Redevelopment Considerations
Ensure the redevelopment agreement includes clear clauses protecting your rights.

Involve a lawyer to review the redevelopment agreement for legal safeguards.

Final Insights
Your uncle’s claim may not hold much legal weight if there is no supporting documentation.

The long possession under the pagdi system and your father’s actions strengthen your position.

Take legal action if harassment continues to avoid disruptions during redevelopment.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |9852 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

Asked by Anonymous - Jul 19, 2024Hindi
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Hi, sorry it's a very long post My mother is 60year old homemaker(nil income) and father is 68yr old retired govt employee (recieving pension).we are 3 children [2 daughters ( all aged between 30-40yr)]to our parents.All of us are married and earning for our livelihood. We sisters are contributing to parents health insurance and other financial things since we started earning and even after marriage ( as my father is an alcoholic too not looking after the household well).Mother has a property in her name given to her by her father as a gift deed. Father had one house and a plot in his name and some ancestral property. Brother went to abroad for studies in 2018 and came back in 2020. He had a girlfriend since his college days( he married to her in 2022, never had objection from anyone of family members ). Since his arrival, he and his girlfriend started involving in all financial matters of my maternal house to the extent he was using my father's debit card for his own use( father says he has given card to brother willfully). Brother wanted to construct a commercial building in my mother's property. He and my father started threatening my mother to register her property ( actually located near Brother's girlfriend house) in name of brother saying if she doesn't agree ,they won't marry off my sister( who got married in 2022 in the presence of grandparents, mother and myself and both my father and brother didn't attend the marriage). They even extracted money from mother's account (which was given now and then to her by me and my sister).During all these process even brother's girlfriend ( wanted a source of income by renting my parents house)also started abusing my mother and involved in all financial matters ( that freedom was given to her by father and brother as my mother was suppressed and we sisters were not aware of things going on). Everything led to the abandonment of my mother who stayed in her friend's place then I brought her to my house. Now after 3 years ( during the course our wellwishers tried counselling and mediation between my father, brother and mother without sisters which didn't work out). my brother got my parents house( and a plot which was in my father's name) registered to his name as a gift deed from my father without informing mother. All the documents of the property gift deeded to my mother by her father is with my brother and father. They are threatening my mother if she enters her own property. Now my mother has no place and income though she had contributed extensively to upliftment of the family all over these years. She ran a grocery store for 15years during which one plot was bought and house was built in that. Another plot was bought after my parents marriage with the help of dowry money given to my father ) but all the properties were registered in my father's name. She has her contribution financially, emotionally and physically. Now doesn't my mother has right to ask back the house and the property given to my brother without her knowledge and to ask for maintenance from my father and also sue all three of them for mental and physical torture..? We sisters want her to lead a peaceful life in her final years of her life.. please guide us.
Ans: Evaluating Your Mother’s Rights

Your mother has been through a lot. Let's explore her legal and financial rights. She deserves to live peacefully in her final years.

Legal Rights Over Property

Your mother owns property gifted by her father. She has full rights over this property. The property can’t be taken without her consent. If your brother and father took documents, this is illegal.

Action Steps for Property

Retrieve Documents: Seek legal help to get back property documents.
Consult a Lawyer: Discuss the possibility of reclaiming the property.
File a Complaint: If threatened, your mother can file a police complaint.
Maintenance from Your Father

Your father has a duty to support your mother. She can claim maintenance from him. This can be done through legal channels.

Action Steps for Maintenance

Seek Legal Advice: A lawyer can help your mother file for maintenance.
Family Court: File a petition in family court for maintenance.
Right to Ancestral Property

Your mother contributed to the family. She can claim a share in ancestral property. The law supports her right to ancestral property.

Action Steps for Ancestral Property

Legal Consultation: Discuss the possibility of claiming ancestral property.
File a Suit: If needed, file a suit for partition of ancestral property.
Mental and Physical Torture

Your mother faced mental and physical torture. This is a serious issue. She can seek legal action against your brother, father, and sister-in-law.

Action Steps for Torture

File a Complaint: Lodge a complaint with the police for harassment.
Protection Orders: Seek protection orders from the court.
Health Insurance and Financial Support

You and your sister have supported your parents. Continue to ensure health insurance coverage. Your mother may need financial support until her rights are restored.

Action Steps for Financial Support

Joint Efforts: Continue supporting your mother financially.
Plan for Future: Set up a fund for your mother’s needs.
Investments for Secure Future

Consider investing in mutual funds for your mother’s secure future. Regular funds with the help of a Certified Financial Planner (CFP) are beneficial. Avoid direct funds due to lack of professional advice.

Benefits of Regular Funds

Professional Management: CFPs manage the funds, ensuring optimal returns.
Less Hassle: No need for your mother to manage investments actively.
Tailored Advice: Investments tailored to her risk profile and needs.
Regular Review of Investments

Regularly review investments with a CFP. Adjust them based on your mother’s needs and market conditions. This ensures her financial security.

Final Insights

Your mother has rights over her property. She can claim maintenance from your father and her share in ancestral property. Legal action can be taken for mental and physical torture. Continue supporting her financially and ensure her health insurance coverage. Invest wisely with professional advice for her secure future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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