How to stop the registration in a disputed family plot.
OM
(Querist) 23 August 2014
This query is : Resolved
Sir/Madam,
my Late grand father was acquired a plot of land in my village in district Churu Rajasthan. He is no more. after his death my grand mother was the owner of the said plot, but unfortunately she is no more.
The said property is now in dispute my grand father has three son as his legal heir one of them was my Late father, we are two brothers and one sister. now my both the uncle and my mother has decided to sold the said joint plot.
As I am leaving separately and i have heard the information i have talked to my mother, brother and both the uncle regarding the matter and requested them not to sale the property, but they are not hearing and also talking that you have no rights or share in this plot of land. As of now the registration has not done for the plot in dispute.
Can any one in panel here please give his/her valuable suggestions to me, that what to do so that they can't proceed to register the said plot in the name of buyer without my consent, because i don't have any papers or copies of PATTA of the said plot.
Your valuable suggestions are highly appreciated.
Thanks and regards,
Om Sharma
malipeddi jaggarao
(Expert) 24 August 2014
You should know what exactly the property (called schedule of property) and whose name the same is presently. If it is still in your late grand mother name(how she acquired from your late grand father is also another question) without any mutation, the children of one of the son together have equal share. How your uncles can say that you are excluded. You should the ground work first. Procure the information about the property, if possible procure a copy of these documents. Then only anybody give you some advice. Simply posting a query and crossing your fingers will not help. Do the ground work and come back to us on the same thread.
ABDUL RAZIQUE
(Expert) 24 August 2014
you may file partition suit in court along with injunction over the property. you may consult local lawyer with all relative documents.
OM
(Querist) 24 August 2014
Thanks for your valuable advise. Thanks a lot Sir.
ajay sethi
(Expert) 24 August 2014
agree with experts
Kumar Doab
(Expert) 24 August 2014
Agreed with experts.
It is believed that the plot was self acquired by deceased and deceased was Hindu and Hindu Succession Laws shall apply.
If yes the deceased could give away the plot to anyone during his life time by WILL…………….gift/sale/release/transfer deed etc……………….
If the owner did not give it away by any valid deed and died without leaving any WILL then the ClassI legal heir shall inherit it:::::: spouse, children…………
Thus the share of your deceased father shall devolve upon his ClassI legal heir…………
You may certainly obtain the facts/docs related to the plot and proceed under expert guidance of your lawyer dealing in such/revenue/civil matters and if required proceed for grant of Injunction and partition.
T. Kalaiselvan, Advocate
(Expert) 27 August 2014
Yes you are eligible for a right to a legitimate share in the property out of your father's share in it, therefore you can very well file a partition suit along with an application for injunction restraining all the defendants from encumbering or alienating the property till the suit is disposed. If you are not knowing the property documents details, you may by quoting the door number obtain the survey number from the municipal authorities and with the help of survey number, you may trace out the relevant document after which you can apply for certified copy of the document to enable you to file a suit as advised above.
Kumar Doab
(Expert) 05 June 2018
Same matter;
http://www.lawyersclubindia.com/forum/Can-parent-has-right-to-sold-agri-property-without-my-consent-182536.asp
Guest
(Expert) 05 June 2018
To earn scores, this quack, Kumar Doab, does not even refrain from digging the four years old grave. Gaddeh muddey ukhadne mein expert lagta hai..
Guest
(Expert) 05 June 2018
To earn scores, this quack, Kumar Doab, does not even refrain from digging the four years old grave. Gaddeh muddey ukhadne mein expert lagta hai..
Guest
(Expert) 05 June 2018
To earn scores, this quack, Kumar Doab, does not even refrain from digging the four years old grave. Gaddeh muddey ukhadne mein expert lagta hai..
