Illegal possession
topgun
(Querist) 24 March 2014
This query is : Resolved
i have an ancestral property, after the demise of my father , the property has been in the custody of my uncle. The share is by 1/2 and not earmarked arear and he is not giving us our 1/2 share. Now , I have transferred the khata in my mothers name in the tehsil and also mutation of property on my mothers name has been done. i want to ask few questions. (a) what can i do legally to get my share. (b) can i sell my 1/2 share without physical possession. (c) I have the GPA on my name from my mother, can i sell it as her son. kindly reply with warm regards AARJEY
R.V.RAO
(Expert) 24 March 2014
being ancestral/joint family/hindu coparcenary property ,all the legal heirs in the ancestral property chain -great grand father to grand father to father to son are entitled to one share each in the property.
thus your father,uncle,your self are all entitled to one share each.
your late father's share will dwell on your mother .so between your mother and you ,you have 2/3 of share of property,unless your uncle has legal heirs,in which case they will also be claimants.
being a legal heir,file a declaration suit and also ask for partition of ancestral property claiming your and your mother's 2/3 share and also file suit to stop any sale /alienation of ancestral property by your uncle.
after partition only, the ancestral property becomes the self acquired property of each of you as legal heir.
only then each legal heir can sell, transfer or dispose of his/her share as they like.
so till you and your mother(through your father's share) get legal ownership of your shares of ancestral property through partition , you cannot sell ,as you cannot pass on a valid title to buyer since you cannot show any proof of your ownership.
without physical possession/documentary evidence,or court order /decree in your favor, you cannot sell .
Rajendra K Goyal
(Expert) 25 March 2014
(a) File suit of partition of property.
(b) After partition or court order.
(c) Yes after partition or Court order.
topgun
(Querist) 25 March 2014
That means i cant sell as 1/2 share??
