sunni (none) 27 July 2011

relatives selling property that they dont own

Hello

My father in law and his brother came to the UK 30 years ago, one brother stayed in India. When their father passed away 7 acres of land was passed down to the 3 of them.

Now the family in India are selling the land without the consent of the family in the UK. My father in law had since passed away and my husband is taking up the dispute.

Please can you advise of what we can do. They dont have any documents here.Is there a land regsitry office where details of owners of property would. be.

Please help and all advice is appreciated.

regards

sunita

Reply Follow

5 Replies

girish shringi (advocate) 28 July 2011

If the property had been transferred in the name of your F in Law in the share,his brother can not sell his part of the property without his consent & if they are/he is, then he is making an illegal deal which can be challenged in the following acts.

1.CPC

2Cr.P.C.

3.Revenue

You can get all the records from the registry office and revenue department if the transactions were registered by any party including your FATHER IN LAW regarding his share after the death of his father.

You feel free to understand in detail at: girishshringi@gmail.com

Girish Shringi

(Advocate)

Mahadeva Rao G (ADVOCATE) 30 July 2011

Mrs. Sunitha,

After your grand father passed away all the three sons of his have inherited the property by default and each are eligible to 1/3rd share. and no shareholder is having any exclusive right to alienate the entire extent of 7 Acres without the consent of the other share holder. In case if the brother of your father in law is trying to sell the property it will not be binding on the shares of other non consenting parties that is your father in law and another brother of his. Also since u r father in law has also passed away being the legal heir of your father in law your husband can file a suit for permanent injunction to restrain the illegal sale of your father in law's share immediately without any delay. Important to keep in mind is that there is a lapse of 30 years by which the possession and enjoyment comes into picture to drag on the case.

U can revert back to me on sohan1912@rediffmail.com or on 9845285555 in Bangalore.

All the best. Warm Regards.

Mahadeva Rao G, ADVOCATE 9845285555 BANGALORE.

Mahadeva Rao G (ADVOCATE) 30 July 2011

Also regarding the documents is concerned the Jurisdiction Sub-register office or panchayat office is the place where in you can apply for copies of the documents like R.T.C., Mutation, Encumberance certificate, tax paid receipts ( WHo is paying it ) etc.

girish shringi (advocate) 02 August 2011

Originally posted by :girish shringi
"	If the property had been transferred in the name of your F in Law in the share,his brother can not sell his part of the property without his consent & if they are/he is, then he is making an illegal deal which can be challenged in the following acts. 1.CPC 2Cr.P.C. 3.Revenue You can get all the records from the registry office and revenue department if the transactions were registered by any party including your FATHER IN LAW regarding his share after the death of his father. You feel free to understand in detail at: girishshringi@gmail.com Girish Shringi (Advocate)	"

girish shringi (advocate) 02 August 2011

Originally posted by :girish shringi
"	If the property had been transferred in the name of your F in Law in the share,his brother can not sell his part of the property without his consent & if they are/he is, then he is making an illegal deal which can be challenged in the following acts. 1.CPC 2Cr.P.C. 3.Revenue You can get all the records from the registry office and revenue department if the transactions were registered by any party including your FATHER IN LAW regarding his share after the death of his father. You feel free to understand in detail at: girishshringi@gmail.com Girish Shringi (Advocate)	"