property sold without giving share

jatinkumar (Querist) 25 May 2015 This query is : Resolved
Hello expert! My query is of ancestral property. My friend is having property which was on his father name . property was immovable property of 2 acre agricultural land. His father died living behind 3 sons and wife without will. Not my friend meet with an accident he was almost dead but by grace of god he is alive but handicapped. He was 3 years in comma. But when he recovered n was well he came to know that his 2 brother has sold 1 acre land by taking her mother signature on sale deed without giving share to my friend . his brother was trying to sale other 1acre but he has giving application in register office that not to register so and so property without my friend signature. Now pls guide me what to do and hiw to take share of sold out property. Thks in anticipation!

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Guest (Expert) 25 May 2015
Very simple for you being socially active (as per your profile! To avoid any litigation, ask them to give 1/2 acre of the remaining land, as 1/4th of due share of your friend out of the total land of 2 acres. WHAT IS THE PROBLEM IN DOING THAT? DO YOU OR YOUR FRIEND WANT TO GO FOR A COURT CASE? IF SO, WHY?

jatinkumar (Querist) 25 May 2015
They will not because they were trying to sold remaining 1 acre . my friend is handicapped he is having two daughters. Intial i have asked about divorce of this same person here in this forum. When he met with an accident his wife was living in adultery, and is family member also cheated. He is already going through divorce case. he had so many problem in his life he fightback his death and today he is alive. So he dont want to give up he want his share in sold out property which was sold to builder. I suggested the same think to him that dont go in litigations what gone let it go. But he said even thou they know my condition and helping me they tried to cheat again.

Kumar Doab (Expert) 26 May 2015
Get the 'Aitraaj'/Objection registered properly with SRO.

Seek legal help from local lawyer to get the share.

Caution the public thru advt. not to deal with this property....etc

Guest (Expert) 26 May 2015
In that case, go by the advice of Shri Kumar Doab.

T. Kalaiselvan, Advocate (Expert) 31 May 2015
There is no way than to approach court for legal partition and cancellation of earlier sale deed insofar as his share in the property is concerned along with an injunction application for restraining the defendants from further alienating the properties.