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Sachin (Developer)     29 September 2011

Grandfather's property sale

I am from delhi. My grandfather had 6 son and 2 daughters. My Grandfather did not make any will for his property. Now my dad and 3 of his brothers sold this residential property, but i don't want to sale this property, now please suggest me what can i do to stop the sale of property. should i file a partition suit or something else.



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 8 Replies

amruth reddy (advocate)     29 September 2011

yes u can file partition suit as well as u can also file ia in that suit not to alinate the property to third parties

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 September 2011

Dear sachin

You can file a partition suit in civil court with stay application and restrain them to sold the property

1 Like

Usha Gupta (help for property)     30 September 2011

 

 

hello sir,

I, Usha Gupta from Varanasi. i am in a great need of ur help. My husband who is the elder son of the family always use to think of himself as a second sharvan Kumar. He have two younger brothers and two younger sisters. He always honoured his parents. He and I brought up our younger brothers and sisters in laws as our own children. Presently all of them are married.

We have two ancestral house, one plot and a house purchased by my husband in his parent’s name and one house in which the share of my husband and his two brothers and his mother name.

All the goods and jewelleries were in my in-laws custody

My husband after completing his studies  started his business with his second brother earned a lot by this business, they spent all the earnings on his family and purchased plots and houses on my in-laws name. They even purchased gold, silver jeweleries and biscuits.   

I and my husband arranged marriage of his younger brother and sister. his second sister is married in Allahabad.  his third brother wanted to do his masters in abroad so my husband helped him in every way. he went there and after his study he got job there and settled in U.S. with his Spanish wife and daughter.

My husband's second younger sister also after completing her studies got married and lives in Gur-gaun.

I have two children and when it was time for my daughter for higher studies fees. They refused to give a single penny and my husband and i was too much shocked.

They took all the powers of the property. And told that they will think what and when to distribute the property later on. all of us live in one of our ancestral house, we only use one room one kitchen and a bathroom and the whole house is in there custody. another house is used by my second number brother in law. We used to use for business the house which is in the name of my husband, brother in laws and my mother in laws name.  my mother in law is running a school in the plot purchased by my husband on his parents name. presently only the place where we would do business is in our under, where we planned to start any new business because our old factory is not running well due to power cut and labors. i

All the movable and immovable properties and all my dowry, jeweleries (stridhan) etc are in their custody which they are refusing to give me.

My father in law passed away in the year 2009. after his death my husband performed all the ceremonies which are in Hindu custom.  after some time we come to know about that my second brother in law has claimed that my father in law has a will in which he have given all the ancestral property to him. so after discussing some of our relatives we suit a file. but since one year is over we are not getting any response just only date after date.

and now my brother in law is saying to put a part ion in only one share of his where we used to work  and they will take custody in the rest of their parts. all the family members are with their side.

how can we prove that when my husband and his brother purchased the plot and houses my in laws didn't spent a single penny, because my father in law was jobless and my mother in law was primary teacher. and his younger brother was at 9 standard student.  My mother in law gets nice sum of pension and she also runs a school from where she is earning lot. She have kept tenants in another house which is in her and her husband’s name is earning good from their.

sir kindly please help me soon because we don’t have any source of income and if they will throw us out we cant do anything in our small share. We are in great need of your   help and advice. My husband is in great depression.

Now they have started construction work in the second house without any permisson of ours. Sir how can we stop them in doing so, please advise sir. Sir they are showing the power because everything is in their hand if my husband try to stop them they will start fighting by hand and feet which I dont want, because we are alone here and i have two children they are studing abroad. Sir please help us. We have filed a suit case since one and half year but there is no progress. On most of the hearings their lawer is not present.

Sir if you need all the documents submitted for the case I can send it.

Sir eagerly waiting for your precious advice. my eamail is usha_diamonds@yahoo.co.in

thanks

 

 

 

 

sridhar pasumarthy (ADVOCATE)     08 October 2011

Hello Usha Guptha,

u have not mentioned the nature of suit you have filed.  ur husband can file a civil suit for partition with respect to ancestral properties and properties purchased out of income derived from such properties.

whereas with respect to the properties purchased by ur husband and his brother in the name of ur inlaws, there is a legal bar to file a suit under Benami Transactions Act. But there are exceptions.  To prove benami transactions, u must prove the source of sale consideration, custody of title deeds etc.  Any how, send ur case papers and documents by email to advocatepsd@gmail.com so that i can advice u properly.

Usha Gupta (help for property)     08 October 2011

hello sir, i am attaching the file. we didn't get any relief or stay order till now. Now they constructing the second ancestral house. we have applied in Vikas Pradhikaran. But now the are constructing the house at night shift. And yesterday my brother in law was blaming us that we have hired gundas who are threatening him so now he will show us. But these are all false so now we are scared that if he reports in the police station than they can arrest my husband. They can do anything. Sir please help us and suggest us what should we do. Our lawyer is giving up hope that he have put all the property on his name so he can do anything. You cant do anything and he is not helping us at all.

Attached File : 79877 215067 8 ashok chetganj 03 07 2010.doc downloaded: 144 times

Anand (IT Specialist)     12 October 2011

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     30 October 2011

Originally posted by :Usha Gupta
"

........... But now the are constructing the house at night shift.


And yesterday my brother in law was blaming us that we have hired gundas who are threatening him so now he will show us. .............. They can do anything.


Our lawyer is giving up hope that he have put all the property on his name so he can do anything. You cant do anything and he is not helping us at all.

"

* Take photographs secretly, make a detailed complaint and attach these photos.

 

* You may mention gunda aspect in the complaint.

 

* A lawyer should not let the client down. If this is so, take steps to change the lawyer.

sumit chandaak (propritor)     14 May 2012

I am a married women living in kanpur. My Grandfather left some property which was distributed by my father and his brother in 1948. Now my father have three children 1 brother and 2 sister (incl. me). My brother forcefully made my father to write a Power Of Attorney and sold all the property (near 2002-2012) and also made him write a will of the remaining property in which he is living with his family. Now my father died and my brother is enjoying his life, but not taking care of my mom. Now some question arises in my mind:-

1> Can I claim my share in the Remaining property.

2> Can I also claim my share in sold property as my brother sold the property via POA of my father without intimating me?

3> Will all the purchaser will be in trouble if i file a suit against them as the dont took my consent ?

4> Which case should i file against my brother and the purchaser ? Does this property can be called ancistral property because it is not my fathers property but my grandfathers property ?

5>What should i do to recover my share in whole property ?

 

Please answer my questions.....

XYZ....


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