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Ancestralproperty

(Querist) 02 June 2012 This query is : Resolved 


my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutial family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 and i was born in 1969, 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon sir plzzzzzzzzzzzzzzzzzzzz
V R SHROFF (Expert) 02 June 2012
ancestral Property : grandfather have a property 4000sq m : 4 sons equally divided :after my parents death the 2 brothers divided the portion between themselves in 2008 [500 mtr] : 6 months ago i came to know that they [they means who??]are selling off there property after this i claimed[ how many sq mtr?? u claim?]4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother he sold some part of his [??]property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??

Did you recd STAY ORDER?? if no court order and no partition of property, ur right of 500 , cannot be sold.
Id court order, it is court contemp. Ask your Advocate to explain you well.
sanjay agarwal (Querist) 02 June 2012
my lawyer is saying your share from both your brother is 360sqm it means 180sqm each but my brothers have 500sqm each and one of my brother has sold 200sqm from his share now he has left with 300sqm my lawyer is saying that my brother has sold 200sqm from his share not from my share....and now the case position is my lawyer has sent a notice through court to the purchaser of 200sqm and he has submit a request file that the registry should be null and void..is this correct sir?????????
adv. rajeev ( rajoo ) (Expert) 02 June 2012
you have got equal share along with your brothers in the property. If one of your brothers has sold the property during the pendency of the suit, you will have to implede the purchaser as party to the suit. You can also file an application in the suit seeking interium injunction order against your brothers as not alienate till the disposal of the suit.
Vijyant Nigam (09807349001) (Expert) 05 June 2012
i also agree with mr. shroff.

in this context i wud like to add that "so much of cooks spoil the food"


your advocate is going on right direction. tke his advice with full confidence.

regards
vijyant


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