Endevour to grab all my Ancestral Property by my elder sister
(Querist) 14 July 2011
This query is : Resolved
My ancestral land and house were distributed by court from my grandfather to his three Sons due to a partition lawsuit filed by my eldest uncle. In our share we had 6000 square feet of land plot at one place and 15000 square feet of agricultural land as six plots at different places in main Patna town. Land taxation and receipts were in name of my mother as father expired long back.
We are only two sisters, both are married. My elder sister stays in her in-laws house in Patna, while I stay in Mumbai with my husband and working there. My mother was staying with me at Mumbai, but last year, she has got her natural death at Mumbai.
After death of my Mom, my elder sister came to me and given a typed stamp paper to sign for transfer of those lands (Daakhil Kharij) at Patna from my mothers name to name of both of we sisters. She has also taken a signature of me on a plain paper, saying that she needs that to prepare a family tree (Vanshavali) to file at land registrar office,i.e.,block office. I have signed that typed stamp paper and that plain paper to my elder sister in good faith.
Four months back, I and my husband migrated to London and in middle, we have got the news that she sold 6000 square feet land on her own. Since these are prime lands, I was stunned to hear this and immediately came to India and put a proposal before my sister to have partition of remaining land. She is not ready for partition and planning to sale these lands on her own, considering that I am no more in India to stop her.
I need yours help to understand whether I can file a partition suit to equally divide the remaining land and house between both of us? Is there any law by which I can stop her from selling these land on her own/in my absence? Is there any law by which I can revoke her sale deed for land, which she already sold in my absence? In which court at Patna, I have to file the case? How long will it take to get final justice and resolution for these kind of case? Who can be the best lawyer in Patna, who can fight this case for me, while I stay abroad? Please guide.
(Expert) 14 July 2011
Instead of wasting time by discussing things here and there, all that you have to do is, approach a lawyer in Patna discuss the matter with him and entrust the case for further legal action.
THANKACHAN V P
(Expert) 15 July 2011
Simply by putting signature in a plain paper you will not loose your undivided share upon the property.Please consult with a civil lawyer at the earliest and file suit for partition.