Property dispute
A.Vaitheeswaran
(Querist) 22 February 2012
This query is : Resolved
My grandfather died intestate. His first son took a joint GPA from all the children numbering 12 to manage/sell the estate. One of the Grantors passed away subsequently. Based on same GPA entered into Sale Agreement. Agreemnt holder filed case before end of contract time as he did not have money to complete the sale transaction. We did not attend case. Matter decided ex-parte in Agreement Holders favour. 2 years we keep quiet as we did not know the ex-parte order. Subsequently 2 more Grantors pass away. Agreement hoder filed EP. Case is still pending. GPA holder also passed away. The Agreement Holder's ulterior motive is to only make more money. We do not want to part with the land. Grandfather's children are 12 and grandchildren are 23. Do Grandchildren have equal right and can they also file impleading application in the EP and ask for their respective share.
Raj Kumar Makkad
(Expert) 22 February 2012
Though grand children have also equal shares with their father but in the given matter, the execution is only pending so it is better to negotiate and get the matter resolved with the DH and get the agreement become as part of court judgment.