Ancestral property.
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
My mother had left 20 house plots and expired 10 years back.
We are 5 brothers and 5 sisters.
The youngest brother had sold one plot stating in the sale deed that the plot belongs to him by a oral agreement between the brothers and sisters.
No such agreement was never made.
He is having local influence as his wife was ex counselor in municipality.
No one in our family has contact with him.
Now he is making arrangements to sell those properties one by one by the same method.
What action shall we take?
There is no unanimous decisions between others.
Is there any way for me to get my share of 1/10 among the plots.
The plots are almost have equal values being situated in the same area.
jitender pawaria
(Expert) 30 September 2011
According to my view your query is incomplete is property purchased by your mother.
Who is currently occupied that property.
Is your mother write any testamentary in favor of your brother or in favor of any other regarding the said property.
ajay kumar mishra
(Expert) 30 September 2011
If your mother died intestate living five sons and five daughters and your father had died before the death of your mother then you are entitled to get 1/10th share in entire property. If your brother has sold one plot on the basis of oral agreement you may challenge the same and you may file partition suit to get his share.
prabhakar singh
(Expert) 30 September 2011
instead of going for suit etc.in absence of consensus among all the better practical way is to sale plots on your own as he is doing.
If possible take registered POA of sisters too,visit and sale,you can also get buyers.
R.Ramachandran
(Expert) 01 October 2011
What Mr. Prabhakar suggests is dare devilry. Without appropriate partition of the property amongst the legal heirs, one will not be in a position to sell the specific property to others. It is another thing that if all the legal heirs come to gether and effect the sale of entire property to other party, which may not require the prior-partition. But if any sale is to be effected by any of the legal heirs, then prior partition is a must to pass on clear title to the buyer of a specified property marked by boundries.
Therefore, you and other legal heirs have to file a suit for partition and get your shares demarcated and perfected.
If you dilly dally and delay in filing the suit for partition, it will be a long innings before you can get your share.
Raj Kumar Makkad
(Expert) 01 October 2011
Oral agreement has no value in the eyes of law and no sale can be made only on this ground. The sale made by your brother can be got cancelled and all other proposed sales can immediately be stopped even if you individually come forward and file a suit for declaration and injunction against your younger brother. You should take immediate action otherwise multiplication of litigation cannot be avoided and you shall other brothers and sisters shall be sufferers in that event.
Engage a counsel immediately and provide him all papers of properties and further follow his advice.
Chanchal Nag Chowdhury
(Expert) 01 October 2011
If U feel that immediate action is reqd.,file a suit for injunction & obtain an exparte injunction restraining him from selling any plots. If U succeed,Go for a Partition suit after giving notice of Partition.
U R also advised to check local laws relating to land whether U R entitled to pre-empt.
Sailesh Kumar Shah
(Expert) 06 October 2011
you should file partition suit without any delay to control matter.
Querist :
Anonymous
(Querist) 08 October 2011
I thank all the learned experts for spending time and energy to reply my query.
As per the advise of the expert Mr.Prabhakar singh, I have sold 2 plots after getting a written agreement from 6 members (including myself).
In that agreement we have agreed to assign each 2 plots ( noting the plots for each individual).
On that basis , I have sold my two plots.
I request your valuable comments Thanking you.
