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

Ramalingam

Ramalingam Kalirajan  |10894 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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Money

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  |10894 Answers  |Ask -

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

Asked by Anonymous - Jul 19, 2024Hindi
Money
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

..Read more

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Nayagam P

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Career Counsellor - Answered on Dec 16, 2025

Asked by Anonymous - Dec 13, 2025Hindi
Career
Hello sir I have literally confused between which university to pick if not good marks in mht cet Like sit Pune or srm college or rvce or Bennett as I am planning to study here bachelors and masters in abroad so is it better to choose a government college which coep and them if I get them my home college which Kolhapur institute of technology what should I choose a good university? If yes than which
Ans: Based on my extensive research of official college websites, NIRF rankings, international recognition metrics, placement data, and masters abroad admission requirements, your choice between COEP Pune, RVCE Bangalore, SRM Chennai, Bennett University Delhi, and Kolhapur Institute of Technology (KIT) fundamentally depends on five critical institutional aspects essential for successful masters admission abroad: global research output and international collaborations, CGPA-based competitiveness (minimum 7.5-8.0 required for top international programs), faculty expertise in emerging technologies, international student exchange partnerships, and proven alumni track records at globally-ranked universities. COEP Pune ranks nationally at NIRF #90 Engineering with India Today #14 Government Category ranking, offering robust infrastructure and 11 academic departments with research centers in AI and renewable energy, though international research collaborations are moderate compared to IITs. RVCE Bangalore demonstrates strong national standing with consistent COMEDK admissions competitiveness, excellent placements averaging Rs.35 LPA with highest at Rs.92 LPA, and established international collaborations through Karnataka PGCET-based MTech programs, providing solid foundations for masters applications. SRM Chennai maintains extensive research partnerships with 100+ companies visiting campus, highest packages reaching Rs.65 LPA, and documented international research linkages through sponsored programs like Newton Bhaba funded projects, significantly strengthening masters abroad candidacy through diverse research exposure. Bennett University Delhi distinctly outperforms others in international institutional alignment, recording highest placements at Rs.137 LPA with average Rs.11.10 LPA, explicit academic collaborations with University of British Columbia Canada, Florida International University USA, University of Nebraska Omaha, University of Essex England, and King's University College Canada—these partnerships directly facilitate seamless masters transitions abroad and represent unparalleled institutional bridges to international graduate programs. KIT Kolhapur records respectable placements at Rs.41 LPA highest with average Rs.6.5 LPA, NAAC A+ accreditation, autonomous institutional status under Shivaji University, and 90%+ placement consistency across technical streams, though international research visibility and foreign university partnerships remain comparatively limited. For international masters admission success, universities globally prioritize bachelors institution reputation, minimum CGPA 7.5-8.0 (Bennett and SRM facilitate this through curriculum rigor), GRE/GATE scores (minimum 90 percentile), English proficiency (TOEFL ≥75 or IELTS ≥6.5), research output documentation, and faculty recommendation quality reflecting institution's research culture—criteria most strongly supported by Bennett's explicit international collaborations, SRM's documented research partnerships, and COEP's autonomous departmental research centers. Bennett simultaneously offers global pathway programs reducing masters abroad costs through articulation agreements and provides curriculum aligned internationally with partner institution standards, representing optimal intermediate bridge structure versus direct masters application. The cost-effectiveness and structured transition support through international partnerships, combined with demonstrated placement success and faculty research visibility, position these institutions distinctly above KIT Kolhapur for masters abroad aspirations. For your specific objective of pursuing masters abroad, prioritize Bennett University Delhi first—its explicit international university partnerships with Canadian, American, and European institutions, highest placement packages (Rs.137 LPA), and structured global pathway programs create seamless masters transitions with reduced costs. Second choice: SRM Chennai, offering extensive research collaborations, documented international linkages, and competitive placements (Rs.65 LPA highest) strengthening masters applications. Third: COEP Pune, delivering strong national standing and autonomous research infrastructure. Avoid RVCE and KIT due to limited international visibility and explicit foreign university partnerships compared to the above three institutions. All the BEST for a Prosperous Future!

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Ramalingam

Ramalingam Kalirajan  |10894 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Dec 16, 2025

Money
I have 450000 on hand, looking into my kids goingto university in 13 years
Ans: I truly appreciate your clear goal and long planning horizon.
Planning children’s education early shows care and responsibility.
Your patience of thirteen years is a strong advantage.
Having Rs. 4,50,000 ready gives a solid starting base.

» Understanding the Education Goal Clearly
University education costs rise faster than general inflation.
Professional courses usually cost much more.
Foreign education costs can rise even faster.
Thirteen years allows equity exposure with control.
Time gives scope to correct mistakes calmly.
Clarity today reduces stress later.

Education is a non-negotiable goal.
Money should be ready when needed.
Returns are important, but certainty matters more.
Risk must reduce as the goal nears.

» Time Horizon and Its Advantage
Thirteen years is a long investment window.
Long horizons help equity recover from volatility.
Short-term market noise becomes less relevant.
Compounding works better with patience.
This time allows phased asset changes.

Early years can take moderate growth risk.
Later years need capital protection.
This shift must be planned in advance.
Discipline matters more than market timing.

» Role of Rs. 4,50,000 Lump Sum
A lump sum gives immediate market participation.
It saves time compared to slow investing.
However, timing risk must be managed carefully.
Markets can be volatile in short periods.
Staggered deployment reduces regret risk.

This amount should not sit idle.
Inflation silently erodes unused money.
Cash gives comfort, but no growth.
Balanced deployment creates confidence.

» Asset Allocation Approach
Education goals need growth with safety.
Pure equity creates unnecessary stress.
Pure debt fails to beat education inflation.
A blended structure works best.

Equity provides long-term growth.
Debt gives stability and predictability.
Gold can add limited diversification.
Each asset has a specific role.

Allocation must change with time.
Static plans often fail near goals.
Dynamic rebalancing improves outcomes.

» Equity Exposure Assessment
Equity suits long-term education goals.
It handles inflation better than fixed returns.
Active management helps during market shifts.
Fund managers can adjust sector exposure.

Active strategies respond to changing economies.
They manage downside better than passive options.
They avoid blind market tracking.
Skill matters during volatile phases.

Equity volatility is emotional, not permanent.
Time reduces its impact significantly.
Regular reviews keep risks under control.

» Why Actively Managed Funds Matter
Education money cannot follow markets blindly.
Index-based investing copies market mistakes.
It cannot avoid overvalued sectors.
It lacks flexibility during crises.

Active funds can reduce exposure early.
They can increase cash when needed.
They can protect capital during downturns.
They aim for better risk-adjusted returns.

Education planning needs judgment, not automation.
Human decisions add value here.

» Debt Allocation and Stability
Debt balances equity volatility.
It provides visibility of future value.
It helps during market corrections.
It offers smoother return paths.

Debt is important as the goal nears.
It protects accumulated wealth.
It reduces last-minute shocks.
It supports planned withdrawals.

Debt returns may look modest.
But stability is its true benefit.
Peace of mind has real value.

» Role of Gold in Education Planning
Gold is not a growth asset.
It works as a hedge during stress.
It protects during global uncertainties.
It diversifies portfolio behaviour.

Gold allocation should remain limited.
Excess gold reduces long-term growth.
Its price movement is unpredictable.
Moderation is essential here.

» Phased Investment Strategy
Deploying lump sum gradually reduces timing risk.
It avoids emotional regret from market falls.
It allows participation across market levels.
This approach suits cautious planners.

Phasing also improves confidence.
Confidence helps stay invested long term.
Consistency beats perfect timing always.

» Ongoing Contributions Alongside Lump Sum
Education planning should not rely only on lump sum.
Regular investments add discipline.
They average market volatility.
They build habit-based wealth.

Future income growth can support step-ups.
Small increases matter over long periods.
Consistency outweighs size in investing.

» Risk Management Perspective
Risk is not market volatility alone.
Risk includes goal failure.
Risk includes panic withdrawals.
Risk includes poor planning.

Diversification reduces risk effectively.
Rebalancing controls excess exposure.
Regular reviews catch issues early.
Emotions need structured guardrails.

» Behavioural Discipline and Emotional Control
Markets test patience frequently.
Education goals demand calm decisions.
Fear and greed harm outcomes.
Plans fail due to emotions mostly.

Pre-decided strategies reduce mistakes.
Written plans improve commitment.
Periodic review gives reassurance.
Staying invested is crucial.

» Importance of Review and Monitoring
Thirteen years bring many changes.
Income levels may change.
Family needs may evolve.
Education preferences may shift.

Annual reviews keep plans relevant.
Asset allocation needs adjustment.
Performance must be evaluated objectively.
Corrections should be timely.

» Tax Efficiency Awareness
Tax impacts net education corpus.
Equity taxation applies during withdrawal.
Long-term gains get favourable rates.
Short-term exits cost more.

Debt taxation follows income slab rules.
Planning withdrawals reduces tax impact.
Staggered exits help manage tax burden.
Tax planning should align with goal timing.

Avoid frequent unnecessary churning.
Taxes quietly reduce returns.
Simplicity supports efficiency.

» Liquidity Planning Near Goal Year
Final three years need special care.
Market risk must reduce steadily.
Liquidity becomes priority over returns.
Funds should be easily accessible.

Avoid last-minute equity exposure.
Sudden crashes hurt planned education.
Gradual shift reduces anxiety.
Preparation avoids forced selling.

» Inflation Impact on Education Costs
Education inflation exceeds normal inflation.
Fees rise faster than salaries.
Accommodation costs also rise.
Foreign education adds currency risk.

Growth assets are essential initially.
Ignoring inflation leads to shortfall.
Planning must consider future realities.
Hope alone is not a strategy.

» Currency Risk Consideration
Overseas education includes currency exposure.
Rupee depreciation increases cost burden.
Diversification helps partially manage this.
Early planning reduces shock later.

This aspect needs periodic reassessment.
Flexibility helps adjust plans.
Preparation gives confidence.

» Emergency Fund and Education Goal
Education funds should not handle emergencies.
Separate emergency money is essential.
This avoids disturbing long-term plans.
Liquidity prevents panic selling.

Emergency planning supports education planning indirectly.
Stability improves decision quality.

» Insurance and Protection Perspective
Parent income supports education plans.
Adequate protection is important.
Unexpected events disrupt goals severely.
Risk cover ensures plan continuity.

Insurance supports planning discipline.
It protects dreams, not investments.
Coverage must match responsibilities.

» Avoiding Common Education Planning Mistakes
Starting too late increases pressure.
Taking excess equity near goal is risky.
Ignoring inflation leads to shortfall.
Reacting emotionally harms returns.

Chasing past performance disappoints.
Over-diversification reduces clarity.
Lack of review causes drift.
Simplicity works best.

» Role of Professional Guidance
Education planning needs structure.
Product selection is only one part.
Behaviour guidance adds real value.
Ongoing review ensures discipline.

A Certified Financial Planner adds perspective.
They align money with life goals.
They manage risks beyond returns.

» 360 Degree Integration
Education planning connects with retirement planning.
Cash flow planning supports investments.
Tax planning improves efficiency.
Risk planning ensures stability.

All areas must align together.
Isolated decisions create future stress.
Integrated thinking brings peace.

» Adapting to Life Changes
Career shifts may happen.
Income gaps may occur.
Expenses may increase unexpectedly.

Plans must remain flexible.
Flexibility prevents panic decisions.
Adjustments should be calm and timely.

» Final Insights
Your early start is a major strength.
Thirteen years provide meaningful flexibility.
Rs. 4,50,000 is a solid foundation.
Structured investing can multiply its value.

Balanced allocation with discipline works best.
Active management suits education goals well.
Regular review keeps risks controlled.
Emotional stability protects outcomes.

Stay patient and consistent.
Education planning rewards long-term commitment.
Clear goals reduce anxiety.
Prepared parents raise confident children.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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