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Ashish (Student)     10 January 2013

Ancestral property issue (urgent advice needed)

My Dad has 3 brothers (and 4 sisters (Total 8) and they have an Ancesteral House in Ghaziabad. There is no partition or will its a four room house. House is still on name of my grandfather.
5 out of 8 (2 brothers, widow of another brother and one sister) have sold their share to third party.
One Sister who sold her share gets very less money.
One Sister is Mising (Dunno where she is) and one sister has died (have 2 Childern, they also doesnt want to sell their share).
My dad doesnt want to sell off the House but That third party guy living in our house with his family.
 
My Questions :
1. Can my dad go and throw that thrid party guy out of our house?
2. Can my dad live in that house now? (As we dont own any house.)
3. Can my dad's sister who get less money take any action?
4.  can my dad make another floor for himself to live?
or is there anything my dad can do? Hoping for positive response..


Learning

 3 Replies

Advocate Vishnu (Advocate)     10 January 2013

1.No

2.yes

3. She can file a suit  and the outcome will depend on the h'ble courts decision in setting aside the sale deed.

4.He can construct .. but until his share in not determined properly, he might face some issues if the matter goes to court.

How long has the third party been in possession of the said property...?

Shashikant V. Patil (Lawyer)     10 January 2013

For Queriest, If the ancestral house is still in the name of Grandfather and not yet partitioned till date, then how the would be owners and co-owners sold out their share without proper in-heritation and succession ? It's all illegal transactions since ab-initio and amount to be cancelled by Court itself.

MohammedRaffiq Bijapur (Advocate)     10 January 2013

THere are so many other facts which u have not disclosed

such as whether the purchase had come in possesion of house in pursuance of sale deed or was he occupied the house before sale?

what was incepted in the sale deed regarding the portion of the vendors(parameters of boundaries)?

So ur father have many legal remedies to disposses the partial purchaser of ur house.

So contact senior civil advocate and disclose true facts in detail.


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