brothers trying to selll propety without consulting sisters
veena
(Querist) 23 June 2009
This query is : Resolved
Dear Sir,
My father had ancestral farms inherited from my grand father. Before dying in 1978, he changed the records of the property in the name of 4 brothers and wife of one diseased 5th brother. He did this out of fear that by keeping all records in his name, it may be risky for future. He did not leave any will. I and my sister, both of us had nothing in our name. Now all 5 are trying to sell the property without our consent. Since our name is not on papers, how do we raise objection and claim our share. I heard that they need our NOC but so far they have not consulted us. Can we put an application and stop the transaction? Please reply.
Thanks.
veena
sanjeev murthy desai
(Expert) 23 June 2009
Dear Veena
File partition suit against your brothers and also seek a injunction order from the hon'ble court to restraining the alienate that property to the others.
Y V Vishweshwar Rao
(Expert) 23 June 2009
I Agree with Mr Sanjeev Desai ! -that the Propery is ancestral Proeprty/ties
if you can assert and prove that !
1-The names of the 4 brothers recorded for and on behalf of all the family memebrs/coparceners
2- the proerty is joint property & not partitioned .
You will have a share in the proerty , and claim your share in a partition suit and in the same suit ask for injunction not to alienate the proerty till the disposal of the partition Suit !
dhiraj choudhary
(Expert) 23 June 2009
partition suit 'll serve ur purpose n in the interim application seek injunction against other cosharers from alienating the property till the disposal of the main suit
A V Vishal
(Expert) 23 June 2009
Dear all:
The property is ansectral and the records have been changed by the aggrieved party's father in 1978, moreover the amendment act of 2005 of the succession act is clear that all that has taken place before December 2004 is untouched i.e the co-parcenary rights arise only after 2005 hence the querist cannot proceed legally against her brothers.
I quote the relevant section of the amended act for your reference and perusal "'6. Devolution of interest in coparcenary property.-(1) On and from the
commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint
Hindu family governed by the Mitakshara law, the daughter of a
coparcener shall,-
(a) by birth become a coparcener in her own right in the same manner as
the son;
(b) have the same rights in the coparcenary property as she would have
had if she had been a son;
(c) be subject to the same liabilities in respect of the said
coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to
include a reference to a daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or
invalidate any disposition or alienation including any partition or
testamentary disposition of property which had taken place before the
20th day of December, 2004.".
veena
(Querist) 23 June 2009
Many thanks for the reply. I and my sister don't have any papers and brothers are not showing neither the property papers nor the details of sell of the property. They have planned the sale secretly and have already received some money as a token. How can I ensure that money transaction takes place using a common account which is known to us. Should I find and inform the buyer of this dispute? Also, the dispute is in a village in the city of Mathura. Do I need to use local court or there is some national court for the interim injunction order? My main fear is that I am not local to mathura and they will try to use some bribe tactics to ensure that property deal goes through.
veena
(Querist) 23 June 2009
Mr Vishal and My Dhiraj have conflicting statements. Did my father had any right to change the record when he himself obtained the property from ancestors?
A V Vishal
(Expert) 23 June 2009
Veena
Please understand that basically you have no rights whatsoever in the ansectral property, you can temporarily stop the sale but it is not of much use I personaly feel you will be wasting time, money and energy and all your efforts will be futile. I am not discouraging you but trying to explain the ground reality.
Manish Singh
(Expert) 23 June 2009
i endorse the views of Mr Vishal. the partition of the property has already taken place so the female heirs can not lay any claim over it.
dont waste ur time and money over non existing rights. your father was the successor of the ancesatral property as Karta and he had lawful rights to partition the same.
A V Vishal
(Expert) 23 June 2009
Dear Ms Veena,
Before the amendment of the succession act in 2005, women were not considered as co-parceners in a joint propert (HUF), however after the amendment the position has changed but the amendment has prospective effect hence it doesnot affect the deeds committed before the amendment came into force. My reply to your query is based on the same. Had your father changed the names after December 2004 then you could have also claimed share in the property.
veena
(Querist) 23 June 2009
Dear My Vishal,
I understand this however, can I not challenge the validity of the document that caused the transfer of the ancestral property to 5 parts. I have not seen the document but it could be a fake story told by my brothers. How can I ensure that my father actually did so.
A V Vishal
(Expert) 23 June 2009
Dear Ms Veena
In your query you hav stated that in 1978 your father transferred the property unto ur brothers names, latest you claim what is told by your brothers could be a fake. I suggest you apply and get the certified copies from the concerned office and check it out in case you find anything hanky panky then send a lawyer notice and initiate a civil case against them.
sanjeev murthy desai
(Expert) 24 June 2009
Dear Ms. Veena,
In your case i pointed that may be your father was mutated his sons names in the revenue records in respect of that properties which are ancestral. The revenue documents does not confirming any title of any person that documents only supporting documents of titles. So don't worry about that transfer and firstly you have to find out that wheather any partition held before 2004. If dont held any partition earlier you may have absolute rights in that proeprties.
veena
(Querist) 24 June 2009
Dear My Desai,
I remember that government of India was acquiring the farm lands by sealing. So my father created some documents to put all 5 brother's names in the documents. I don't think he actually did a registry of land transfer to all my brothers since cost of registry was always very high. Thus, could I claim that any affidavit/agreement written by him on a stamp paper with names of my brothers was not a valid and complete document. I also know that he did not clearly specify the land partition since he just wanted to save the land from government sealing. I think only after getting a copy of records, I could get the actual situation revealed. My brothers are claiming that they don't need my signatures to sell the land. They are probably claiming this on the basis of affidavit document that my father write and not on the basis on actual land records with registry.
-veena
adv. rajeev ( rajoo )
(Expert) 24 June 2009
You have got share in the ancestral properties, so go for partition suit.
adv. rajeev ( rajoo )
(Expert) 24 June 2009
U can also file an application u/o 39 r 1 & 2 as "restrain the defednats from alienating the suit properties"
Uma parameswaran
(Expert) 25 June 2009
You have no knowledge or idea about the existing deeds and documents having with your brothers.So better option is file a Civil suit for partition ,declartion and for an injunction .
veena
(Querist) 29 June 2009
Dear Sir,
I have talked to my brothers and they are not willing to listen to me. They keep saying that sisters have no share and it is not a family tradition for sisters to get anything. Problem is that they know they are wrong but they are not willing to compromise based on their ego. They also think that I am weak and I will not go forward and dispute the matter. I think I need a good lawyer who deals in property disputes. Who can help being a mediator and can talk to them and make them understand that by not giving share, they will loose everything as well. If buyer knows that property is disputed, he will not buy it. It is not in anyone's favor to take the matter to court.
Can someone recommend a good lawyer who is
Place of dispute is City of Mathura (UP)
thanks.
A V Vishal
(Expert) 29 June 2009
Contact Mr Sanjay Dixit who is a member of this forum, he is practising in Lucknow, also you can contact Dr V N Tripathi who is also a member of this forum and he is based in Allahabad.
PALNITKAR V.V.
(Expert) 03 July 2009
I think sisters have share in the property, if the property is ancestral. Concept of coparcenery property is somewhat different. Female members have share in joint family property.The sisters can demand partition. They can also file suit for injunction to restrain brother etc from alienating the property.
