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Sathiyabal (Nil)     10 September 2012

Selling a property without the knowledge of all legal heirs

Dear Sir,

My name is Sathiyabal, we have a property (5 acres of land in a village in virudhunagar district, tamilnadu) purchased by our Grand father in 1960s.  My Grand father

has three sons and three daughters.  My grandfather passed away in 2005.  My father is the eldest and he passed away in 2010.  Now, both of my uncles are trying

to sell the land claiming they are going to sell their own partitions.  NO PARTITION DEED HAS BEEN MADE SO FAR AND NO WILL IS WRITTEN BY MY

GRANDFATHER. 
The land is still in the name of my grand father, patta and 10(1) are in his name only.

My questions are below
1) When there is no partition deed, can my uncles sell the propery (which is in the name of my Grand Father) without getting the consent from others?
2) How can we legally stop it? (we dont have death certificate and legal heir certificate in hand, at the same time.. my uncles have)
3) Is this possible to register the sale deed in sub-registrar document (say selling 2 acres out of 6 acres claiming it is their share)?

Please provide early reply.



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     10 September 2012

respected querist ,

you can stop them by filing a suit for injunction mentioning that the property is still unpartitioned and as your grandfather have passed away in year 2005 and they have 6 children so the property will divide equally among all the children.they can not sale the property without taking the consent of other co shareres as the partion of the property is still pending ,you can obtain the death certificate and your succession certificate from the concerned authorities with nominal fees charges.feel free to call if you have left any query in mind.

1 Like

minsal (Jr. Advocate)     10 September 2012

file a suit for injunction and declaration alongwith the list of legal heirs of your grandfather.

1 Like

Tripti Nagwekar (Owner)     11 September 2012

Dear All,

If your 3 aunties give NOC to sell the land and do not want their share.  If your uncles are selling only their portion of land, what is the harm?  what is the point to file the case and waste the money, time at all?


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