samratsarkar (sdf) 30 March 2012

Nri ancestral property

Hi, I am an NRI. My father lives in Mumbai in a separate small own flat. My grandfather passed away 30 years back keeping a small land and a small house in a small town of West Bengal. My two uncles family (father's brother) live there now. In future taking oppurtunity of my absence ( as I am an NRI) and my fathers age my uncles and cousins (uncles sons) can try to sell my grandfather's plot to a builder or other real estate agents without letting us know.

How to prevent this happening in future ? ( Can we do some legal prep work like putting application in local municipal corporation etc so that my uncles will think twice before taking such a bold step of selling our ancestral plot house to third party builders etc ?)

Please Advice with some details.

Thanks a lot .

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2 Replies

Advocate M.Bhadra 30 March 2012

You have right over the said property,however your uncle/cousin can sell their propertionate share of your grand father's property even in nature of undivided property, bot not absolute.In this situation you should file a case for Declaration and Injunction in local Civil Court to restrain them.It is not effective to complain to the police and local Municipality, it is only time loss.

samratsarkar (sdf) 30 March 2012

Can my two uncles sell their share (2/3 of the undivided property) even if my grandfather never created a Will ( legal doc to share the land among all his sons)?

If we file case for Declaration and Injunction in local Civil Court to restrain them then we are going very offensive !

We still want to keep a normal relationship with our uncles.

Can we do something under the hood so that they will not know until they try to do the mischief selling the property without our signature/permission ?

Thanks a lot for your help