sale of property without owner's consent
Balasubramanian
(Querist) 09 September 2010
This query is : Resolved
Greetings!
My Grandfather had 3 sons and 5 daughters.My Mother is the second of the 5 daughters.He passed away 8 years before.I have married My mothers elder brothers only daughter( My elder Uncle's daughter ).After my grandfathers death my second uncle took possesion of all the documents related to the property left by my grandpa.My grandma also owns some immovable property for which also the papers are in the possesion of my second uncle.The property had not been partioned yet.But we are now coming to know that he is trying to sell the lands both of my grandpa's and my grandma's without the consent of all others.
also my father in law has passed away before my grandpa. hence my wife, my mother in law and her mentally challenged son ( age 25 ) have been denied on their rights and my 2nd uncle has taken a legal heir certificate excluding my father in law, my mother in law, my wife and my brother in law. My queries are
is there a way that i could get a legal heir certificate changed including all their names?
is it possible that he can sell off the lands without our consent just because he is holding the land documents?
is there a way legally and simple that we could stop him?
R.Ranganathan
(Expert) 09 September 2010
You first gather the details about the holdings of your grandfather and grandmother through the Tahsildar or Village officer concerned. Then, if possible get the certified copies from the Sub Registrar's office. Then send notice of your share and partition of the properties.
Uma parameswaran
(Expert) 09 September 2010
you can give a request letter to village officer to cancell the existing legal heir certificate and to issue new one including your Uncle name.
s.subramanian
(Expert) 09 September 2010
Yes. i agree with experts.
Balasubramanian
(Querist) 09 September 2010
Dear Sirs,
Thanks for your prompt response.my query is whether the request letter to the village office or to the issuing authoritiy should be routed through a lawer or i myself can wite it up?
and regarding the notice should it be to my uncle or should i file a partition suit?
is there any possiblity of getting a stay legally for any disposal / mortgage of any sort by my uncle?
thanks in advance
