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Rajesh (UN KNOWN)     10 June 2013

My Father's property

Hi All, Thanks for reading my port.

Here we go:

Important points:

1. Long time back, my father perchased a land on my grand parent's name. My father is having 4 brothers and 2 sisters, he is eldest one and NOT leaving in same property. I know this land now will be devided between all uncles and my father.

2. After death of my grand parent,my 4 uncles devided the land. Out of 4 uncles, 2 uncles decided to leave in that land, for that they paid money to remaining 2 uncles. In short only 2 uncles are staying in that land making their house and 2 uncles sold their rights after recieving some amount (2.2 lac per person).

3. They never took consent on my father on this deal and never even informed the same to my father. We came to know about this deal when we withdrawn documents from local sub--registrat office.

My query:

1. Wanted to know wheather it is a leagal deal, as they have not consent of my father.

2. How my father should take action to (A). His part of land (it might be very small area) OR (B)Get the cost of his part area.

 

More data:

This land I am talking is in West Bengal, Burdwan city.

My father is very simple person and never though of such dispute while perchasing the land. Currently he is feeling very sad with the act my uncles did. I want apologize from my uncles to my father.

Thanks in advance!!!

 

Regards

Rajesh



Learning

 3 Replies

Adv k . mahesh (advocate)     10 June 2013

Here we go:

a jumbo rid 

Long time back == cant you tell dates 

coming to the query your father can file a porperty suit in the civil court for the share 

first talk to your uncles if they come for compromise then nor problem then issue a legal notice through a lawyer and after the notice period no response then file a suit 

Rajesh (UN KNOWN)     10 June 2013

Thanks Mahesh,

Long time back == around 40 years back.

1. Wanted to know wheather it is a leagal deal, as they have not taken/discussed consent of my father before the deal.

2. How my father should take action to (A). His part of land (it might be very small area) OR (B)Get the cost of his part area.

3. How much timy might take to resolve this dispute, any thing fast as its a simple/straightforward case?

 

prakharved (Medical officer)     27 June 2013

@Rajesh

 

Your father had bought the given land in the name of you grandparent. Had your grandparent made a will before the death. Was the property given to your uncles by the consent of your grandparent. I don't think that it was legal for your uncles to make such an arrangement without first having the informed your father as he is a stakeholder in the property too.

 

I would suggest that you take the advice of a practicing property lawyer. I can suggest you a good website, www.lawkonect.com, here you can post your detailed question and you will get a detailed written reply to your question by experienced property lawyers. You will come to know about the relevant laws according to your state and would be given the steps you can follow in your situation. Provide as much relevant information that you can to get an accurate reply.


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