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Francis (Process Associate)     19 November 2013

Ancestral property sold without our notice

Respected Lawyers, My Grand father sold the ancestral property which we came to know now. without the concent of my father (Because My father was dead 20 years ago(1989)). and there was no share given to my mother too, My Grand Father and thier brothers includingly sold the property in the year 2004-2005. And Again it's sold in 2010-2011 to another party. Please suggest me , How can I proceed legally and How much time it will take to take my Father's (or) Mother's Share in it Mob:+917829813595


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 7 Replies

G D Rajan (Advocate - High Court Madras)     19 November 2013

Hello Francis,

If the property's mother document mentions that the property was belong to your grand father's  father. Then there is high possibility that property can be claimed via court, irrespective of any transactions inbetween,  As an inheritance, you family must get one share, that is your father's share.

You may place a complaint with the police and collector mentioning the proof of your relationship and property details.

Land law case can be time consuming, might take years. But be sure, the share will have to come to you.

Thanks
Devarajan G

1 Like

Francis (Process Associate)     20 November 2013

Thanks Sir,

I have to lodge the complaint on the person who sold (or) the person who purchased (or) the registar office who made the sale transaction without checking the family tree?

Please Confirm

And We have the RTC which is there in our grandfather's father's name is that enough to file the case?

G D Rajan (Advocate - High Court Madras)     20 November 2013

Hello Francis,

You have to file a complaint on sellers, that is your relatives, who are alive and who sold it.

it is also advised, you send a formal letter about the inheritance you have on the lands to the buyer(If you have their contact), stating that, this was purchased without concern of all legal heir. This would mount a pressure on the buyers to contact the sellers. 

In all future communications, keep the seller and buyer in loop.

Thanks

1 Like

Francis (Process Associate)     20 November 2013

Thanks Sir,

1.Here the seller is our grandfather who sold through GPA, And he is not alive , So on whom we can file the complaint?

2.And is the RTC enough which has my father's grand father's name to file the complaint?,

3.we asked for the mother deed and mutation between my Grandfather's father and my grand father in subregister office and they said that it's not available and they will provide us the endorsement.

G D Rajan (Advocate - High Court Madras)     20 November 2013

Tough..

1) 1.Here the seller is our grandfather who sold through GPA, And he is not alive , So on whom we can file the complaint?

GPA was given to whom by whom?  There might be some difficulties, if your grandfather  alone transacted this through 3rd paty GPA. Possibility is that, he might have sold it for family benefits/obligations as united family. If there were other blood relatives involved in the sale/GPA transaction and it was done without your family concern, then you can do on blood relatives.

2.And is the RTC enough which has my father's grand father's name to file the complaint?,

This should be enough.

3.we asked for the mother deed and mutation between my Grandfather's father and my grand father in subregister office and they said that it's not available and they will provide us the endorsement. This should help you.

Better, sit with the a  local lawyer and pay some consulting fees for few hours, to know the strong points of your side, those  would help you to decide the legal battle.

1 Like

Francis (Process Associate)     20 November 2013

Thanks for the advise sir,

And in the sale deed , which we got we can see all the legal heir names uncles and aunties , except our mother and father (late).

And it's sold without any notice or information giving to us.

G D Rajan (Advocate - High Court Madras)     20 November 2013

Franics,
The document you have is enough. Just go ahead to file the complaint and case.

Regards
 


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