Share in father property

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
My father was an active politics in UP state congress & was running the business. Being active in state politics & ex MLC in UP vidhan prisad, he was having the good repo with MP from that region. The MP was having the farm land in Gram Kasampur Meerut in the name of his relatives. Mr MP Want to oblige my father for his outstanding loyalty & workmanship by offering the sale of his benami land area of around 20 acres .hence my father agreed to purchase that land in 1982 at the agreed prices. As My father had purchased this land in 1982 on mutual agreement & paid all consideration amounts to seller by winding up of all other his business to arrange the fund for this deal. After payment he took possession of that land & left the registry open due to some political reasons on the good faith. Since my elder brother was unemployed & not earning, my father engaged him at farming to avoid any other unseen reason .In 1984 my elder brother married. The other three brothers were studding in our respective class & course. Our elder Sister was married in 1976.
•On 18 July 1987 my father had been murdered at our native village but no satisfactory valid reason & motive had been found till date on that matter. Leaving apart that to live forward all family members decides to leave that matter started new life.
•Since the sale was not registered due to some political reason& after sudden murder of my father, the seller of above said property (which was purchased on agreement in the name of my father& my father had paid full consideration amount of land & hence land possession was taken by my father) had refused to registered the land directly in my 4 brothers name only. As per land of law the succession claim to be filed in court but they did not follow the law & had managed to get registered that property on 31-10-1987 directly in their own names, leaving both sisters by destroying that valid agreement & by paying extra amount Rs 60,000 to seller even after full consideration amount payment paid against that land which was directly paid by father at the time of possession to sellers. This extra money was arranged by dishonestly selling of our native village land which was in my mother name at throw away price by influencing all dependent including my mother at that critical time.

•At the time of this mis happening my elder brother was handling this farm business & other two brother had just started their careers as private teacher & private accountant .my younger brother had just passed 12 th Class & appeared in competitive engineering examination.
• As per land record ,the possession of land was with all brother since fasli year 1395 ie 1985 AD that also prove that land was belong to my father & dishonestly got registered by my brothers leaving me aside however I was the active unmarried member of family at that time.
•In the DM report dtd 30-06-2008 , it was mentioned that the tube well electricity bills & all other lagan etc was paid by my brothers but clear time not mentioned. Since the land was in our possession & being agriculture by my father & brother & hence all tube well electricity bills & all other lagan etc was paid by us.
•It is clearly mentioned in sale registry Benama land details that Land is already in possession of purchaser that show the claim of parental property.
•I were married in 1988 in a very poor hand to mouth family, reason behind that episode were also clear now. I accepted it as being orphan without my lovely father & my mother was illiterate & living with my 4 brothers. I am with my husband, who is out of Meerut city since then. Whenever I visit my parental place /house & discussed with brother they start taking plea that they are in big soup due to one reason or other but they had assured that I should not worry for money that will be well taken care of by them. I have to just see my husband & children & live happily. In year 2009 suddenly I come to know from other source that my brothers had start selling our parental property without any consent or information to me. I tried to confirm the same with my brother but they told that it is not true in fact someone had trap us & filed the false case against us. I believed the same .In 2010 I again visited my home due to my father in law death & that time they avoid me to discuss anything & hence I back to Present place in Rajasthan to nourish my family.
• Now came to know that they are not only selling this land but they had did the MOU with two builder & building villa & flats without any consent or information to me or my sister & now they also avoiding me to talk. Is a daughter having any right in father property as case narrated above?

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Raj Kumar Makkad (Expert) 08 September 2011
it is true that the property had already been purchased by your father by paying full consideration but registration had not taken place before his murder and thereafter sale-deed was got executed by your brothers leaving behind you 2 sisters.

Definitely you both as well as your mother is fully entitled to inherit the equal share in the entire self acquired property of your deceased father. You are also entitled to inherit the share in the ancestral house or property left by your father in your native village.

You should have files a civil suit seeking cancellation of sale-deed of the farm house and other properties of your native village. You have lost a considerable period and law of limitation applies in such cases but move ahead even now clubbing it with the knowledge with the sale of notice village property. Obtain stay order against their proposed sale to builders. It shall definitely bring them under heavy pressure and a suitable compromise then can take place.