How to deal legally with the matter of repair of ancestral property?
We have a ancestral house of my great grandfather in which my father family is living since birth, my father is two brother, uncle made a fake will of my grandmother stating that whole house belongs to my aunty and transferred the property in nagar palika in aunty name after 22 years of grandmother death without disclosing it to us, recently uncle got expired, aunty filed a case under CrPC that we have forcefully tried to occupy her house. She is now living with her daughter in another city, where her daughter is working. Court has ordered a stay with status quo to be maintained. House is 200 yrs old and half of it is in a collapsing condition. I am living with my family, kids, and father and mother there, which is threatening to our life. Please advise how we can repair and partially construct the falling portion.
File a suit in civil court challenging the alleged fake will create by your uncle. You can question the validity and authenticity of the will citing the fraud is done by excluding your father and his legal heirs under the Section 68 of the Indian Evidence Act 1872. File an application for the essential repairs under the CPC citing that the property is in dire condition and is immediate threat to life posing the collapsing condition of the building.
Sir, this matter requires a brief discussion so it is advised to consult an expert lawyer who will guide you with the best course of action. For further legal assistance contact us on our helpline number.
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