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Greedy brother want to sell and grab the front portion of the commercial property

(Querist) 19 August 2016 This query is : Resolved 
temporary injunction

We have a joint property in our father name, my father died interstate (without any will). My elder brother is not honest in his approach. He wanted to grab this land and might be sell to someone else.

So what is the procedure so that the land gets transfer in our name?

Front property is comercial and back property is resedential he wanted to take the property of front. Back property is 1/4 times the front property. I am living in noida and he is living in the town where are property is situated.

I have heard scary story of the property that he can seel the front property to someone else and he will not give you any road. Back property will be completely isolated without any road from the main road.

So Can I saved my right so that he will not sell the land?

I have heard two things one is partition suits and another is temporary injuction...


In partition sutits we have to give the stamp duty according to your share.

How to save my rights?

Any help would be helpul.

The property is in town bahereri distt Bareilly (u.P.)
Kumar Doab (Expert) 19 August 2016
Submit death certificate, legal heir certificate/affidavit to the authority under whose jurisdiction property falls so as to record inheritance in mutation records and obtain copy of mutation record ( Virasat Ka Intkaal).



File for partition , injunction to sell, and to get mense profits.

Approach your own able counsel.
Rajendra K Goyal (Expert) 19 August 2016
You have to approach court for partition and injunction, if no amicable settlement is possible.
Deepak sharma (Querist) 19 August 2016
Thank you respected lawyer..

Any other suggestion please....as our law is having ambiguity.
R.K Nanda (Expert) 19 August 2016
Nothing to add.
adv.bharat @ PUNE (Expert) 19 August 2016
Deepak if u want to save ur right then u need to File suit for partition , injunction to sell, and to get mense profits.

File for partition , injunction to sell, and to get mense profits.



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