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Kumanan Natarajan (Manager)     31 August 2012

Need help - grandfather property

Dear Sir,

My Grandfather passed away in the year 1974. He has 3 sons A, B, C and Daughter D. Every body got married except B. He is mentally disorder. Out of 8 acres. 4 acres property has been bought by grandfather and some piece of land was in Grand mother's name. A, C had a dispute and went to court for partition suit to own B property. The court has exparty judgement due to no one attend the court, since case was draging till 2004. During the suit in court, A sold some piece of grand father land. Also sold some piece of grand mother land with help of power of attroney from grand mother. The patta for some piece of land is in Grandmother name. She also passed away. By same way Son of C also sold some of grand father land. They both received patta from Thasildhar. People who bought the land constructed the house . Due to lot of confusion in the land, D not able to get her property and A, C is not ready to share the property. Please advice on following aspects: 1. Land bought without my mother signature will be valid or not? 2, How A, C got patta from revenue department ? 3, How to stop futher sales of property in the registrar office? 3, Guide me how to get the property to my mother. Thanks in advance for your help !!!



Learning

 3 Replies


(Guest)

Sice the matter has not decided yet u can file a suit for injunction restraining coparcenars from selling joint family property. D coparcenar has full right over joint family property. Coparcenar can't sold joint family property without the consent of other coparcenars. You can also file a suit for declaration of joint ownership.

nilesh chawda (tax consultants)     01 September 2012

even  if turns out on the basis of eveidence that the property under reference was personal property of the deceased; the share will be as and in capacity of being " Co -Owner" in that case the concept of ' pre - Emptionary rights" shall help you

Sandeep Kapatkar (Advocate)     01 September 2012

Take the entire set of papers and show it to a Lawyer. The information in incomplete and seld contradictory. Advocate Sandeep Kapatkar


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