Ancestral house sold without consent
Kavindra
(Querist) 15 December 2014
This query is : Resolved
My ancestral house has been sold by my brothers secretly without my consent. I am an equal shareholder in it but have not given even the share? What should I do? If I need to file an objection before any authority, what is the time barring of the filing?
Devajyoti Barman
(Expert) 15 December 2014
When it was filed?
File a suit for setting aside the sale.
Guest
(Expert) 15 December 2014
Instead of delaying further Consult a Local Good Advocate with all particulars Discuss and proceed Immediately.Also check with him the Possiblities of Criminal Proceedings of Cheating Etc for a Speedy Remedy.
Kavindra
(Querist) 15 December 2014
Sir. I am yet to file an objection. I not in my native district in Uttar Pradesh. Can I file some objection by post so the deal is cancelled? It will take time for me to reach there, find and hire a lawyer & file a suit.
Guest
(Expert) 15 December 2014
If you Seriously have an intention that your Interest should be Protected Consult a Good Advocate Or it is left to you .
Devajyoti Barman
(Expert) 15 December 2014
Only a civil court can set aside sale. No complaint through post would be of any help.
This is not a case of cheating anyway.
Guest
(Expert) 15 December 2014
Dear Author,The chances of Cheating are 1)When you are also a Legal Heir with 50% Rights when you were Not brought in to Picture at all by False Submissions it is Nothing but Cheating. 2) there are also chances of filing of forged documents regarding the same which were also nothing but cheating and Criminal Offence.
Anirudh
(Expert) 15 December 2014
Dear Mr. Kavindra,
LET GOD SAVE YOU.
Rajendra K Goyal
(Expert) 16 December 2014
You have to visit the court having jurisdiction for the disputes of your native, engage a lawyer at that place and file case for setting aside the sale deed. You can file suit of partition. Such cases can not be filed by post.
The cases would take time in decision.
Kavindra
(Querist) 16 December 2014
Sirs, my case is EXACTLY as described by Mr Rajkumar alias Narsimha. I am the only legal heir of my LATE father who owned 1/3 share in the property along with his two brothers. His brothers & nephews sold the land. Should I also file an FIR if its a case of cheating as you said?/
Anirudh
(Expert) 16 December 2014
Dear Mr. Kavindra,
YOU ARE UNNECESSARILY WASTING YOUR TIME.
AS ALREADY ADVISED BY EXPERTS, YOU HAVE TO APPROACH CIVIL COURT BY FILING A SUIT SEEKING CANCELLATION OF THE SALE DEED.
FOR THIS, YOU HAVE TO GET IN TOUCH WITH YOUR LOCAL LAWYER.
PLEASE NOTE, THERE IS NO CHEATING AT ALL IN THIS CASE. ONE CANNOT LOOSELY SAY THAT THERE IS ANY CHEATING.
TO SAY IT IS A CASE OF CHEATING, ONE HAS TO PROVE IT THROUGH LEGAL DEFINITION AND FACT SITUATION. LEGAL DEFINITION DOES NOT INDICATE THAT IN YOUR CASE THERE IS ANY CHEATING.
APPROACHING THE POLICE WILL BE A WASTAGE OF TIME. POLICE CANNOT DO ANYTHING IN THIS MATTER.
NOW IT IS FOR YOU TAKE APPROPRIATE ACTION AS SUGGESTED. ANY DELAY IN YOUR PART WILL ONLY HARM YOUR CASE.
Guest
(Expert) 16 December 2014
Dear Author,Only for These Sort of Crimes There is a Seperate Cell in Police Dept For Land Grabbing.Most of the cases of this dept is related to Forged Documents Like your case.Once the Other Side Including Buyer is invited by Police for Questioning there are Chances For Amicable Settlements
malipeddi jaggarao
(Expert) 19 December 2014
Only remedy available to you is to file a civil suit to set aside illegal sale. For that you require the following minimum documents:
1. Death certificate of your father.
2. Legal heir certificate showing legal heirs of your deceased father - if your mother is alive, her name also will appear along with all your siblings if any in the certificate. This will be issued by concerned Revenue Authorities on application by one of the legal heirs enclosing the death certificate of your father.
3. The mother document proving the title of your grand father. Certified copy can be obtained from the concerned Sub Regitrar's Office.
4. Sale deed purportedly made by the others now. This certified copy can also be obtained from concerned Sub Registrar's Office.
With all these documents, you should approach a good lawyer in that locality and through him serve a notice on the sellers and buyers demanding your share in the sale proceeds or share of property and then file a civil suit. For this you have to make your efforts and if required visit your place. No Police Case or criminal is warranted in this matter.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
experts advised you to approach civil curt for remedy, better take the help of a local lawyer and expedite your action.
