Property
PRADEEP SHARMA
(Querist) 16 February 2013
This query is : Resolved
Dear Sir,
My father has a younger brother who lives with my grand father. My grand father is 97 years old and does not recognise anyone. My uncle has sold all the agricultural land through my grandfather who does not know what he is doing. Now he is selling the house where he is living. How can we stop him from doing so or claim our share legally. Also, is anything can be done for the agricultural land he has already sold? Can we take stay from court to stop him from selling the house? He has ruined us.
Warm Regards,
Pradeep Sharma
pradeep.paradip@gmail.com
prabhakar singh
(Expert) 16 February 2013
THE MAIN HARDSHIP IN YOUR CASE IS THAT YOUR GRAND FATHER IS IN CLUTCHES OF YOUR UNCLE AND IT IS NOT POSSIBLE TO GET IT CERTIFIED BY DOCTORS THAT HE HAS LOST HIS DECISION CAPACITY AND TILL HE IS ALIVE WITHOUT A CERTIFICATE OF THAT NATURE YOUR FATHER CAN NOT FILE ANY SUIT FOR WANT OF LOCUS STANDAI.
YOU HAVE NOT TOLD IF THE PROPERTY IN HANDS OF YOUR GRAND FATHER WAS INHERITED FROM HIS FATHER AND HIS FATHER ALSO INHERITED IT FROM HIS FATHER.IF SO ONLY THEN YOUR FATHER CAN FILE A SUIT CLAIMING HIS SHARE RIGHTS IN ANCESTRAL COPARCENARY PROPERTY OTHERWISE NOT.IF SUCH IS A CASE ONLY THEN SALES ALREADY MADE CAN BE DECLARED TO BE VOID AT INSTANCE OF YOUR FATHER.
OTHERWISE IF THE PROPERTY IS EXCLUSIVELY OWNED BY YOUR GRAND FATHER THEN SUIT OF CANCELLATION OF ALL SALE DEEDS COULD BE MAINTAINED ONLY AFTER HIS DEATH.
JUST NOW DO NOT APPLY ANY COPY OF THOSE SALE DEEDS IN NAME OF YOUR FATHER OR IN NAME OF ANY MEMBER OF HIS FAMILY OTHERWISE KNOWLEDGE SHALL STAND ATTRIBUTED AND LIMITATION WOULD START TO RUN CREATING BAR FOR SUITS THAT COULD BE FILED AFTER YOUR GRAND FATHER'S DEATH .
BETTER VISIT A LAWYER PERSONALLY AND DISCUSS THE MATTER WITH DETAILED FACTS.
Raj Kumar Makkad
(Expert) 17 February 2013
If the sold property or the house property n the hands of your grand father is ancestral then nothing to worry and your father is very much entitled to get the sale-deeds selt aside and obtain further stay order but if those properties are his self acquired then the scope is dismal.
PRADEEP SHARMA
(Querist) 28 February 2013
Since the agriculture land and property was bought by our grandfather, can we claim share after the death of my grandfather from my our uncle?
PRADEEP SHARMA
(Querist) 28 February 2013
We are in a mess. Did not get any thing from ancestral property. Pension of our grandfather is also 56000 per month which also is taken by the uncle. Kindly suggest.
