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Senthilkumar (Hr)     11 July 2016

Property dispute

Dear Experts, Request your help and advice on the following. My father had 3 brothers and they had ancestral properties. After my fathers death in 2006 they sold a family property - Agricultural land. My mother had signed on the sale deed since my father was not there. Sale is done and no issues. 

After 8 months, one of the brother in my fathers family took a money for his share and executed a "Release" Document - Release between family members. as per that document he dont have any rights over any of the ancestral property. It was signed by him only.  Now he is no more. 

But now the proplem is, while executing the release document, he has included one of the property which was already sold by him and other brothers to an private party. The release document has the same survey #'s of the property which was sold already. We clearly know that we dont have any rights over this property which was already sold. Now the affected person is approaching us to execute a sale deed , so that he will have complete rights on the property. We are ready for this. but the problem is other 2 brothers are not coming forward in doing this. Can you please let me know what i can do for this?. What is the best legal option here?. 

Thanks & Regards,

Senthil.

 

 

 



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 3 Replies

Kumar Doab (FIN)     12 July 2016

It is belived that all in your family are Hindu.

You have posted many queris and have complicated issues.

Your family seems to have committed grave errors.

Agriculture is a state subject.

You must engage a very able counsel specializing in family/revenue/property/civil matters and well versed with local laws.

After your father's death th ClassI legal heirs are: his mother, his wife (your mother), his sons and daughters. First of all inheritance should have been recorded in mutation records. All ClassI legal heirs should have signed the sale deed. If children were minor, permission from court should have been taken. Although Mother is a natural guardian.

 

The Release Deed was registered or not?

 

If registered it should be valid.

If your uncle collected monies for plot released but sold/sold but released then he/or his legal heirs/his estate has to make good for the loss to sufferrer i.e private party or your own family members.

 

One of the options is Try to cancell the agreement to sell with mutual consent.

You must engage a very able counsel specializing in family/revenue/property/civil matters and well versed with local laws and correct the situation with correct steps once for all.

 

 

 

 

 

 

Senthilkumar (Hr)     12 July 2016

Thank you Very much for your response Sir!  Here are the sequence of events happened..

1. My mother(legal heir of my father) and 3 of my fathers Brothers and jointly sold the ancestral property "A" to an private party in March 2007.

2.  my last uncle (last brother of my father) executed an release deed on all the immovable properties to my mother and other 2 brothers in November 2007. While doing this He has included some of the survey #'s of the property "A" which was already sold to private party earlier. (Point #1).

3. My last uncle (last brother of my father) died in 2013. He is not married.

4. Now the private party who bought the property in march 2007 found that his properties survey #'s (which was originally sold by my father's family) is included in release deed.

5. The private party has approached my mother and other 2 brothers of my father to execute an deed to remove the dispute.

6. The other 2 brothers are not coming forward and not showing any interest to correct this mistake.   My mother is ready to execute the deed to settle the dispute. But this is not possible without the support of other 2 brothers since its an joint property. Private party is not understanding this and he is thinking that we are trying to cheat him.

But i want my mother to get out of this trouble and wanted to have peaceful life. Can you please let me know what is the legal option here we have>, Can the private party file any case against my mother and other 2 brothers saying that we are not cooperating with him to correct the mistake?. What is the legal obligation from my mother side?.

What are all the legal options available for the private party who is affected due to this? 

 

Kumar Doab (FIN)     12 July 2016

We have already suggested.

You must engage a very able counsel specializing in family/revenue/property/civil matters and well versed with local laws and let your counsel examien all dcos on record and correct the situation with correct steps once for all.


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