query abt ancestral property.
Querist :
Anonymous
(Querist) 22 February 2010
This query is : Resolved
Respected sir,
My query is as under:
At the time of dividing ancestral property, my grandmother has got an equal share of 46 cents of vacant land at her native place in kerala. later on my grandmother shifted her residence to chennai and she is residing here for the past 40yrs.while proceeding to chennai,she has entrusted the job of taking care of the said property to her brother but her brother didnt comply with. later on she received a letter from her brother requesting her to sell the same to him for a meager amount of Rs.50,000 which has since been refused by her in 2002.
A couple of yrs ago she got a court summon in connection with the petition filed by her brother praying for an injection restraining her from entering in to her above property.As she is suffering from chronic diabetes and she was attending to her husband whose health condition has got very much deteriorated due to his old age plbms,she couldnt attend to the court summon.moreover one of her elder daughter was staying at mumbai becos of her health pblm with her daughter also was not in a position to reply for the same.
As none of the respondents have replied and no other summon were issued they were of the opinion that the case is still pending in the court.but recently we given to understand that the court has passed order in favour of her brother on exparte basis.based on this court order ,her brother has sold the property to one of his close friend for a namesake value and the said property is said lying as it was.
kindly give your valuable suggestions to retrieve the captioned property
Raj Kumar Makkad
(Expert) 22 February 2010
Despite of ex-parte decree for injunction passed in favour of the brother of your grand-mother, he has got no right, title or authority to sell the property which belong to your grandmother. You should file a suit seeking setting aside the mentioned sale-deed and should also seek stay order restraining the defendants not to create third party interest therein till the disposal of the case.
niranjan
(Expert) 22 February 2010
You have not clarified wether exparte order of injunction is given or exparte decree is passed.If exparte decree is passed,you can apply to the court to set aside the exparte decree within limitation and if the suit is restored,you can file the counter claim to set aside the sale.However you have another way open as Raj has suggested.
