Upgrad LLM

property david issue

Dear sir/Madam,
we have one old house which is belongs to our my father grand father property. my self, my mother my brother are still staying in old house only. my father supporting to his brother and staying with him only.. without our intimation my father and his brother, sisters and my father Dad made themselves agreement and sold to third party on 2009 and it got registered on 2012. but we are staying in old home from 2010. now third party put case on us to vecant the home. pls suggest us how to proceed.... let me know what they have done is it correct or wrong...


For your grandfather, your father, his sister, and his brother are the legal heirs. So they are the owners of the property therefore the transaction is legal. 



Since the possision is not handed over,the question can be raised on sale deed,as Under Section 54 ,TPA,the delievry of posseion matters.

You are in in possesion means you have a right to stay in possesion only the transfer of title has taken place. The property is ansestral and belongs to your grandfather so all the lgal heirs can claim share. You can negotaite but for that you need to bring them on table by  challeneg  the sale deed. 

At worst you can claim a right for  being in possesion, until the matter is not solved don't lose the posseison. You need to file for suit for partiton, like that you can bring under pressure all of the parties to rerach any agreement.



Dear sir, as generally law I know that is my father grand father property can share to grand sons. but my granad father, my father his brother and sister made any agreement between them without knowledge of my mother, and by that time my self 4 years and my brother 6 years kid... now pls tell me how to proceed further... do we need to put a case on third party or my father brother and sister...
onemore clarification.. actually sale deed done to third party on 2012. since 10 years we are in possession, they were not sent any notice regarding this... but now they have sent notice



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