Querist :
Anonymous
(Querist) 02 December 2011
This query is : Resolved
Dear Sir, The property where we are residing now it was purchased by my grandfather. My grandfather died on last july. My fathers are two brothers and three sisters. And after the death they have not done the mutual partition yet. Now the problem is that before my grand father’s death and one of my uncle become a legaliear and successor, he made an agreement with a outsider on Rs10.00 court paper saying that he will sale that entire property to that said outsider where the whole property is not belongs my said uncle, after grandfather death he became the owner of only 2 cottah’s land among the entire property. Now my queries are: a) Can we ignore that “agreement”? b) How do we ignore that “agreement” through any legal process or saying that we don’t accept that “illegal agreement”? c) That outsider can take any legal action (fraud/420 case saying that without being a he made agreement) against my uncle and us or not? Please advice. Thanking you
the purchaser can take legal steps against your uncle only.,
your uncle can not claim any share more than his actual share..
AND WHAT YOU MEAN FOR LEGALIEAR AND COURT PAPER?
prabhakar singh
(Expert) 02 December 2011
It appears your grand father died without making any WILL.On the death of your grand father [his mother if alive] [your grand mother=your grand fathers widow,if alive]and his both sons[your father and your uncle]and your grand fathers three daughters have legally inherited the property simultaneously and equally.
Your uncle has no exclusive right to sale the property to any one.The agreement entered into by your uncle is binding upon him to the extent of his share alone and not on your father or on your three aunts. No case of 420 IPC can be made out against your father or aunts.About your uncle's obligation it is necessary to look into the agreement.
Raj Kumar Makkad
(Expert) 02 December 2011
I do agree with prabhakar singh.
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