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sharath manju   30 April 2022

land dispute between brothers

my grandfather has two sons the elder brother has made land documents on his name and sold the property without the young brother siging the documents what can i do


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 10 Replies

H.JanakiManohar Rao (lawyer)     30 April 2022

Is your gf alive.Is it his self earned property.Give all details.

Shashi Dhara   30 April 2022

If your gf died interstate then his another son can claim his half share.what is your relationship with him and his sons .

Dr J C Vashista (Advocate)     30 April 2022

Incoplete information make the question paper futile exercise.

If it is a real story consult a local prudent lawyer with relevant documents for proper analyses, professional adise nad necessary proceeding.

G.L.N. Prasad (Retired employee.)     30 April 2022

You can not do anything as you are not the Class 1 legal heir of your grandfather.

If your father is alive, and if the sale by his younger brother came to his notice, within 3 years of having such knowledge of alienation, your father has to file a suit for declaration praying the court for cancellation of such sale deed executed by his elder brother. (Remember within 3 years from the date of such knowledge and only if your grandfather has not made any will and if the property is intestate, ancestral and undivided in metes and bounds)

Contact a local advocate as this is the most complicated case, details of your GF acquiring the property and minute details as to whether the elder brother is having any documents of title in his name from his father and possession were lost and the sale deed remains unchallenged after knowledge of such sale etc.

To my knowledge, the chances of getting a favorable judgment are very remote to your father.

sharath manju   30 April 2022

ancestral property

Sai Krishna   30 April 2022

Dear Querist,

Here in this situation, you can do the following;

1)      An injunction suit can be filed

2)      A suit can be filed for declaration and possession

3)      A suit can be filed for cancellations of conveyance deed and stating it as null and void

4)      A suit for partition of property can be filed.

 

Thank You.

G.L.N. Prasad (Retired employee.)     30 April 2022

4)      A suit for partition of property can be filed

Though several SC Judgments stated that an undivided property can not be alienated by a co-sharer without knowledge and consent, and in such cases, a partition suit can be filed without seeking a declaration, the problem still persisting with lower courts and some HC is that unless the sale deed is canceled by a competent court, one can not seek partition as it is not written on the face of sale deed it is voidable.  Do not take risks and always contact a local advocate on the probability of success in the suit and file a declaration suit and pray for partition of the property to the extent of share. Mere filing suit is not the issue, spending good amounts for a bad cause is the issue.  Let your advocate study such chances of winning a share against several odds like a limitation, loss of possession, silence for so many years, documents that establish the ancestral nature of the property, whether the sale was made during GF existence, reasons for not claiming profits out of the property for decades etc.

Harinarayan R. Tripathi (Professional (Advocate))     30 April 2022

Query is not clear. Who was the real owner? Whether grandmother is alive or not? Whether demise was intestate of leving being any will? How the seller has proven his individual ownership to the purchaser? Is there any POA/ transfer deed/ Gift Deed by grandmother in name of elder brother?

sharath manju   30 April 2022

its ancestral property both grandfather and grandmother are passed away after their death he has created documents on his name both the brothers are alive

Shashi Dhara   30 April 2022

You and your father ( I think he is your father) jointly file civil suit for partition  and declaration making buyer as party along with your uncle.


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