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sanjay agarwal (grand daughter)     01 May 2012

Property dispute

my grandfather have a property 4000sq m he had 4 sons after his death property was owned by his wife and after her death the property goes to hr 4 sons equally divided by mutial family settlement my father is 1 shareholder of this property and he had 3 children 2 sons 1 daughter after my parents death the 2 brothers divided the portion between themselves in 2008 and i got married in 1993 6 months ago i came to know that they are selling off there property after this i claimed 4 my share in jan 2012 in kanpur court ....instead of filling case against 1 of my brother  he sold some part of his property in march 2012 is it possible that i am filling a case againt them but instead of this he can sell some part?????????? what should i do know??????????? please reply me soon..........



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 7 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     01 May 2012

Dear Sanjay,

 

Now daughter has equal right as the sons have. both are on same footings as per Hindu Succession Act.

 

Regards

 

Rajiv Bhasin

Advocate
 

9811210505 / 9868635640

sanjay agarwal (grand daughter)     01 May 2012

THE PART OF THE PROPERTY WHICH MY BROTHER SOLD HOW CAN I STOP IT FROM SELLING IN LEGAL WAY..???????

sanjay agarwal (grand daughter)     03 May 2012

please reply me soon........

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     03 May 2012

Dear Sanjay,

You have to file partition suit alleging about the subsequent purchaser and this sale be declared null and void. You all legal heirs have 3 equal shares. the court would pass preliminary decree ascertaining the your shares and declare the sale null and void. the purchaser will also be part  of that case. Immediately file suit for permanent and mandatory injunction and/or file stay application in present suit narrating these facts. File police complaint also that will substantiate your claim.

 

Regards

Rajiv Bhasin

 

sanjay agarwal (grand daughter)     03 May 2012

thankyou sir for your valueable advise....

sanjay agarwal (grand daughter)     04 May 2012

BOTH MY BROTHERS HAVE 500SQM EACH......AND 1 OF MY BROTHER HAS SOLD 190SQM FROM HIS SHARE IT HAS BEEN REGISTERED ON 30TH MARCH MY LAWYER IS SAYING THAT MY SHARE IN THIS PROPERTY IS 333SQM AND TOWARDS 1 OF MY BROTHER MY SHARE IS I66SQM MY LAWYER IS SAYING MY BROTHER HAS SOLD 190SQM FROM HIS SHARE SO REGISTRY CANT BE CANCELLED NOW WHAT FUTHER STEPS IN THIS CASE SHOULD I TAKE SO THAT I CAN GET MY SHARE AS SOON AND POSSIBLE AND NOW IN THIS CASE THE REGISTRY IS VALID OR INVALID????????????? AND PLEASE TELL ME UNDER WHICH SECTION THE REGISTRY  CAN BE NULL OR VOID???????? PLEASE REPLY SOON SIR

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     04 May 2012

DEar Sanjay,

The property is joint family property and you share is not ascertained. Unless you get your share ascertained till then they cannot dispose off the property without your consent. as aforesaid the sale deed can be declared by filing suit for declaration and/or by making certain necessary amendemnts. please get stay immediately and get letter recieved to registrar so that your brothers shall be prohibited from disposing further property. You have to take steps.

 

Rajiv Bhasin

Advocate


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