Hello sir I am Debonil Dey. My father Bishnu Dey died on 10/9/09 without leaving a will. Me and my mother Sumita Dey and my widow grand mother (Ranibala Dey) (age 75) are the legal heir of him as because of we in inherit a Inestate property . My parents had purchased joint property (land) in 2005, where my mother had paid 100% of the cost of land when they purchased it. She paid for it from her salary .We can "documentarily" prove that the Mother had purchased the said property out her 100% own rightful money AND THAT SHE HAD PUT my father NAME as a Second name to her own ONLY FOR "SECURITY & CONVIENCE" SAKE . My grand mother (age 75) is attempting to transfer or she may have already transfered her share of that land with gift deed to her eldest son Krishna Dey without our consent before partition or Mutation and Hence Krishna Dey may try to mutate his name in record instead of grand mother (Ranibala Dey).Sir / madam my Question are
1) As per Law of Land (settlement of that area) as fixed by the Vendor doesn’t allow us to partition the land (as already mentioned in the deed of purchase). Can my grand mother try to partion it by moving to High courts? Or she can only Mutate her name into it?
2) whether is it possible that grand mother can transfer her share of that land with gift deed to her eldest son Krishna Dey without our consent? before partition or Mutation?
3) whether is it possible that grand mother can transfer her share of that land with gift deed to her eldest son Krishna Dey before partition or Mutation?
4) whether Krishna Dey can mutate his name in record?
5) Sir can we Recurse or appeal in the court against such possible act of Gift as a preemptive defense?
6) Sir can we appeal in the court against possible act of Gift has been found?
7) Ranibala Dey/ Krishna Dey tries to blackmail us by charging exorbant money (say 50lakhs) to relinquish her/his share and that too by a out court settlement? What should I do?
8) Sir for this if we do have to litigate in the Civil Courts, with appropriate evidences and documents and obtain a succession certificate or a letter of administration. What is the time limit we should strictly abide by?
