Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

man (Owner)     28 March 2010

Father Died Without Will

We are three brothers.

My Father died without will before 40 years.

The whole property including Home, Agriculture Land and Shop everything is still undivided.

Currently I am settled in Mumbai and other brother is settled in Gujarat.

Eldest brother stayed In native place - in Rajasthan, Who dies a year back.

There was some mutual understanding between we three but never final agreement came.

Some of the property in nereby village is directly transferred to Elder Bro's name (do not know how that is possible- but in records their name is registerd) currently it is transferred to elder brother's wife and sons.

Rest of the property is in names of we three brothers jointly (now in place of elder brother it is transferred to elder brother's wife and sons.)

My elder brother and younger brother has sold some portion of Land (out of agri land) to few people locally, registration done for few and few are pending. Is this legally possible to sell land which is still undivided?

Shop and house are being used by sons of elder brother. 

Elder brother sons are to ready to divide everything equally, they want more than 1/3.

What can I do in this matter?

Please guide.



 9 Replies

A V Vishal (Advocate)     28 March 2010

Is this legally possible to sell land which is still undivided?

No

Shop and house are being used by sons of elder brother. 

Elder brother sons are to ready to divide everything equally, they want more than 1/3.

What can I do in this matter?

File a suit for partition

jyotirmaya behera (advocate)     28 March 2010

father property means after father all property come to son's name. in case of that matter some property already sell. that u cant get back. but till now which are not sell that also ll be same divide wid u & other brother. one's brother already die that means thats brother's wife & son ll be take place. but u can do one think that is wid out ur permation they sold that property u can file a case at lower court. if possible then u can get some more % then them in which are undivided property

1 Like

suneetha (house maker)     29 March 2010

father died without will brother aquping house  now going to domolish house build new one in same place of oldhouse we two sister get a share in that ancestral property by  my father  how we have to go legaly please help us thanking you                                                                                                                                            

suneetha

man (Owner)     29 March 2010

Originally posted by :man
"
We are three brothers.

My Father died without will before 40 years.

The whole property including Home, Agriculture Land and Shop everything is still undivided.

Currently I am settled in Mumbai and other brother is settled in Gujarat.

Eldest brother stayed In native place - in Rajasthan, Who dies a year back.

There was some mutual understanding between we three but never final agreement came.

Some of the property in nereby village is directly transferred to Elder Bro's name (do not know how that is possible- but in records their name is registerd) currently it is transferred to elder brother's wife and sons.

Rest of the property is in names of we three brothers jointly (now in place of elder brother it is transferred to elder brother's wife and sons.)

My elder brother and younger brother has sold some portion of Land (out of agri land) to few people locally, registration done for few and few are pending. Is this legally possible to sell land which is still undivided?

Shop and house are being used by sons of elder brother. 

Elder brother sons are to not ready to divide everything equally, they want more than 1/3.

What can I do in this matter?

Please guide.
"


bhagwat patil (Property due diligence 9422773303)     01 April 2010

It is illegal.

1 Like

man (Owner)     01 April 2010

Elder brother sons are to not ready to divide everything equally, they want more than 1/3. What can I do in this matter? Please guide. currently they are using shop and house everything... Can I file a suit against it and get it sealed?

bhagwat patil (Property due diligence 9422773303)     02 April 2010

first and formost is that u r staying at mumbai and the property is far away in rajastan. even if u go for litigation it will be more harrassment to u mentally, physically, and economically.first of all u get your share whatever they give to u. then file a suit against the purchaser who had purcshased without ur signs.thery these village people r very cunning in thiese type of matters. not a single person in ur native place will take ur side. they always think that the person at mumbai is more or less than ratan tata mukesh ambani or amitabh baccahan and thuy have every right to cheat him.he should give away the right over ancetral property.

bhagwat patil (Property due diligence 9422773303)     02 April 2010

first and formost is that u r staying at mumbai and the property is far away in rajastan. even if u go for litigation it will be more harrassment to u mentally, physically, and economically.first of all u get your share whatever they give to u. then file a suit against the purchaser who had purcshased without ur signs.thery these village people r very cunning in thiese type of matters. not a single person in ur native place will take ur side. they always think that the person at mumbai is more or less than ratan tata mukesh ambani or amitabh baccahan and thuy have every right to cheat him.he should give away the right over ancetral property.IT IS TOTALLY ILLEGAL WHAT THEY HAVE DONE. BUT WE HAVE TO GO DIPLOMATICALLY

girishankar (manager)     11 April 2010

Hmm


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query