Property sold without the consent of my mother.

It is believed that you are all Hindu.

Confirm!

You have posted that NO valid WILL is left by owner (maternal grandparent).

You have not posted who was owner; Maternal Grandfather or Maternal Grandmother?

1st thing 1st; Obtain mutation records with all link docs from the O/o Authority under whose jurisdiction property falls and check on the strength of which valid document/deed the property of your maternal grandparents was sold! Was it sale deed by the owner (maternal grandparent) itself? Or did your mother sign any relinquishment/release/NOC/transfer/gift deed etc etc? Or the said uncle sold it by some fraudulent act? While you check everything should come out. If your mother is unable to handle the concerned official approach higher official or pursue RTI route. She being legal heir has a right to know, act and get her due share. You may show the mutation records and all link docs and inputs and facts to a very able LOCAL counsel specializing in revenue/civil matters and well versed with succession laws that apply in this case and your customs and your state laws for a considered opinion.

Succession opens on date of death of owner/title holder.

If Hindu Succession laws apply in this case; the pre-deceased daughter/son has equal share.     Property from Mother’s side is not ancestral.

 

In case of Hindu man; The 1st right is of ClassI legal heirs i.e. Mother(if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………..

 In case of Hindu Female the nature and source of property matters.

 In case of Hindu Female: the husband (if alive as on date of death), sons, daughters have 1st and equal right in self acquired/absolute property….

In case of Hindu Female: if property has devolved from parents, sons, daughters have 1st and equal right and if they are not available the heirs of father have 1st and equal right………… 

 

Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

Married Daughters have a (equal) right in property of Father/ancestors as per facts and details of the matter.

 

 

You have posted that NO valid WILL is left by owner (maternal grandparent).

In such case it is ought to be a simple matter of inheritance; Intestate Succession.

The procedure/process/forms for such matters are available in O/o Authority under whose jurisdiction property falls e.g; MC and may even be on its website.

Generically speaking; Copy of death certificate, legal heir certificate are basic requirements and are to be attached with forms. Some authorities in some states may even accept legal heir affidavit.

 

Your mother being legal heir has a right to get copies of all docs that were submitted.

You are also posting that property was undervalued.

Hope you can establish it.

In case of sale by any fraudulent act your mother can press her rights for her share in property that could not be sold without her consent.

@Kumar Doab 

property has already been sold.

property belongs to both my grandmother and grandfather as both of them were working a goverment teacher.

as for under valuing the property, it is norm in india, what is shown is paper is different, there is case of black and white money. nonetheless question is involves not the money, my mother does not to sell her share and we had discussed regarding the cost to other buyers so in any case we will get better rate than one at which the land is illegally sold.

my grandparents died 10 years ago, my uncles enter into agreement last year and this year the land was sold.

my mother never signed any deed or any documents, the land was sold through fraud. 

my uncles state that "Ladki to kahin property mei hinssa milta hai, ladkhi to jayda padhana nahi chahiye, ladkhe se khandan chalta hai".

I have read hindu sucession act and also have read Apex Court Judgement which clear states that Female has right on property of father and mother just as sons have.

If it helps, my mother had sold 1/5 one of the agricultural land 3 years ago which was also bought by my grandfmother. 

Now question is what must be done, what kind of peition would be filed. 

Registration must be cancled and quashed as it was done through fraud.

Due share of my mother must be given to her . Mother seeks partition and trasfer of land on her own land.

What would be proper course of action and what kind of legal suit will be proper, we live in bihar, propery is in jharkhand and my mother has heart issues so running is not an option. with all due respect to legal profession we already have been back bitten by few lawyers, so I am doing my preliminary enquiry online before proceeding any further.

Dear LCI Querist @ Vijeyndra

How should you be addressed; Mr/Mrs/Ms?

While you post to address the member/expert helping you add title Mr/Shri e.g; Mr/Shri Kumar Doab.

Regret to know that you have also been backbitten by counsels approached by you.

There are endless number of posts at LCI also by querists/members that have been ditched by lawyers, like you.

 

 Avoid posting photos/names/email id/phone numbers/addresses etc etc or attaching any document containing photos/names/email id/phone numbers/addresses etc etc and erase photos/names/email id/phone numbers/addresses etc etc while sending any documents to anyone, anywhere except your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record in handling such matters thru courts of law and with concerned authorities.

 

There are many threads and publications at LCI also narrating unsuspecting querists from Republic of India, having been allured and fleeced by posers, impostors that advertise the photo of a very old/sick persons posing as some Chief Lawyer (while actually LIAR) and flaunting unknown Firms as LAW Firms (while actually LIAR’s Firms)…………………..and having multiple fake ID’s to post Salutes from one fake ID to another fake ID…………………and falling for even Rs.50/- ( Pachaas Rupalli)………………. Such posers and impostors might be having their roots, origins, asal, asla and/or rooted in Tribal Bad Lands of Pakistan and may even approach your OP’sand share your details for few rupees.

 

 

Online portals are not substitute for in person discussions with very able senior LOCAL counsel as explained above and are for mere getting details and directions, and guidance and for FREE. As the cause at LCI is social service and Noble cause. You are not to pay any monies for it to any IT.

 

Which Supreme Court of India judgment you are referring to?

Does it lay down anything about property from mother’s side?

If not, atleast there should be no Apex Court judgment bothering you for property from mother’s side.

 

You have not responded/confirmed to many points raised e.g;

Are you all Hindu?

Have you obtained mutation records with all docs? On the strength of which document the seller (your uncle) has sold the share of your mother?

On the strength of which document(s) the sale is registered and mutations affected (if any)?

 

Assuming that you are all Hindu;

As per your post the grandparents i.e. both grandfather and grandmother died about 10 years ago i.e. year 2007.

Isn’t it?

The property of grandfather is self acquired or ancestral?

Even if it is ancestral, it should not bother you, if it was not partitioned, by a valid partition deed before 2005.

It has already been posted that property from mother’s side is not ancestral.

It has already been posted that succession opens on date (month/year) of death.

 

If some lawyers have backbitten you IT does not mean that all counsels are alike and resort to backbiting.

Inquire again, and you can list down the senior LOCAL counsels of unshakable repute and integrity specializing in civil/succession matters and having successful track record in such matters.

 

Approach such counsel, with all docs, records and inputs.

Your counsels may opine that:

She being senior citizen can request for speedy hearing.

She can give PoA to you and also represent thru lawyer….

Your mother can press for mense profits, cancellation of registration, her share by boundaries…….

@Mr Doab,

How would I liked to be addressed as, my name is enough. 

As for salutation, I use various forum, at the some place I help and assit others and while other I seek help. Beauty of internet forum is that they are informal, unnecessary formality is not needed.  

If it has been formal channel I would have use some sort of salutation. 

I am aware that any assistance on onine portal is at sole discretion of helper. So I do not expect anything, if any expert wishes to guide it is fine, if someone does not wish to assit then also it is fine. 

Paying money does not necessairly mean that a person will get proper service. I have state that above, I have been cheated and do not come from big wealth family, paying 10000-15000 is a lot of money, for some 10000 is nothing and for some it is worth one month work and I am such person who works a month to get money.

Yes we are hindu.

My grandparents never sold the land, never wrote any will and never entered into agreement.

How land is sold, my uncles are showing that they are the only child and there exists no girl. They forged "vanshavali" from family tree name of my mother has disappered. I am still working on papers, as i came to know about this issue 2 weeks ago, I do not have all the papers, related to land sale. 

The concerned disputed property is self acquired. 

Though both my gradfather and grandmother inherited some property fromt heir respective parents. These acenstral properties has not yet been sold.

I never said al lawyers are bad, I only said the one whom I encountered cheated me. If I could find a lawyer of unshakable repute I would no thave been asking question here and would have been discussed the matter with him and proceeded further.