Agrilcultural land/ Grand Fathers
sangameshwara
(Querist) 06 January 2011
This query is : Resolved
We are having a agri land in tamil nadu arund 3 ackrs, after my grand father and grand mother death, my father & 2 elder brothers has done a partion deed and executed in sub registrar office. the 2 elder brothers saled there possition to 3 rd pary, now my father also expired. Now what i feel is my frand fathers property to be in our family control, can i fille a suite regarding this in local court, & my grand father did not executed any WILL.
Can i get a stary order against the 3rd pary. not to work in the agriland?
Amit Minocha
(Expert) 06 January 2011
you query is not clear. R u talking of 2 brothers of your father or your self ? What is "frand father " ?
However, in the absence of will you have to apply for probate / succession certificate. You have no rights against 3 party as it was sold long back when your father was alive.
Guest
(Expert) 06 January 2011
you can file a pre-emption suit and get your problems resolved
sangameshwara
(Querist) 06 January 2011
sir i will send u full detls by email.
sangameshwara
(Querist) 06 January 2011
pls let me know ur E-Mail id.
Raj Kumar Makkad
(Expert) 06 January 2011
As after death of your grandfather, the partition of the land had mutually been carried out between your father and his two brothers and entry to this effect also became part of revenue record and when your uncles independently sold their shares in favour of 3rd person, you cannot agitate against this sale and cannot file any suit/petition/application seeking setting aside of the sale-deed and further entire land of your grandfather in your favour. Pre-emption is not available to co-sharer these days so there is no chance at all.
Kirti Kar Tripathi
(Expert) 06 January 2011
The complete advise by Mr. Makkad. After partition, your uncles became absolute owner of said property and the property became their self acquired property. They had right to dispose of said property as it lost the nature of ancestral property as they wished. Since the property lost its nature of ancestral property, the right of pre-emption also lost. Hence you are not entitled for any injunction or stay.
Guest
(Expert) 06 January 2011
seek my profile you will find
sangameshwara
(Querist) 06 January 2011
Ganesh sir, is it possible to get a stay order from court that 3rd party should not work on agriland. pls give me ur contect numbers also
sangameshwara
(Querist) 06 January 2011
But before property seeling to third party, our father has sent a notice that, we wish to buy your share & 2nd notice that, the 2 uncles did not given equal share to 3rd party(my father) sent a notice from advocate for executing fresh partion deed, but there was no reply recd from them, how can we proced now
sangameshwara
(Querist) 01 February 2011
But property was not dived equalty, we have sent a notice before selling the same to 3rd party.
