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aabdulshukur (professional)     17 September 2013

My grandfather's property sold with out my notice

My grandfather had 2 sons. 1 son died a decade ago, has 2 sons. Since I am in abroad, My father and my cousins sold the land without my notice.

1. is it possible for me take some action against them?

2. is it possible to revoke their deal?



 7 Replies

sharad (Partner)     17 September 2013

It appears that your undivided interest in your grandfathers property has been sold, thus effecting your rights. You must do something to protect your rights. Now since you are abroad, I suggest you appoint some POA holder here, to look after the cases and instruct the lawyers. You have many options and the final course can be decided only on going through the relevant papers, and detailed facts and other circumstances and considerations.

STUDENT.... (.......)     17 September 2013

You mentioned:

Your Grandfather has 2 Son (A and B)

 

A Died long time ago and has 2 sons. (Do u mean to say that A Married and has 2 Son) am'I right....???

 

Now you said..

 

My Father and my cousin has sold the property (You mean you are the son of B)..??


The property here you are talking about is ancestral or self earned by your Grandfather you have not mentioned that...??

 

Now if the property is Ancestral then you can surely ask for your share but if it is a self earned property of your grandfather then you have no right on the same as the same belongs to your grandfather legal hier (Wife and Childrens)..

 

Since the Son A has died long time ago then his legal hier are eligible for share in the said property (Wife and Childrens).

 

So if the property is sold by Son A and the Children of Son B of your grandfather then it will be taken as legal transaction and they can share the amount received on the said property as 50:50.

aabdulshukur (professional)     17 September 2013

1. Yes I am one of the sons B (B has 3 sons).

2. The property is ancestral.

2. I am not asking for the share of the money they got. We wanted to keep the land to maintain heritage.

STUDENT.... (.......)     18 September 2013

As it is Ancestral Property then if incase you and your other brothers are major (Above 18yrs of Age) then you can claim for your share/file case for the cancellation of sale agreement.

 

But since your name gives impression that you seems to be a muslim and i have no idea weather incase of ancestral property what does muslim law talks about the same... I would suggest you to please wait for some time and see if someone and put some light on this or else contact some good lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

Mr. Abdul,

Please confirm if you seek clarification under Mahomedan Law, if so, though the distribution of shares is bit lengthy enough, shall reproduce the law on your confirmation.  Adv. Kalaiselvan, Ph: +919443441062

2 Like

aabdulshukur (professional)     18 September 2013

Thank you for your reply.


As I said, I am not looking for the share. I need to retain the property for our heritage.

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

Dear Mr. Shukur,

I shall come back to you tomorrow with the complete details of how the properties are being inherited upon the death of a muslim person as per the mohamedan law.


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