Inherited property
JB Padhi
(Querist) 12 July 2010
This query is : Resolved
Can my father sell his inherited property without my no objection certificate?
1. My grandfather had brought the land and carried out some construction with his own money.
2. He had no proper will as he died slowly in coma (6 years) after sun stroke - 1975.
3. He has 2 brother and 1 doughter (now dead).
4. I got married in 1992 in the ancesteral house of my grandfather - which was "verbally" told as belonging to my father.
5. In 1995 I was told that rain water was seeping in and handed over the keys to my uncle who has has a bunglow and his hospital in the same plot.
6. In 2006, when I gathered enough money to carry out construction of house for my old parents I was surprised to find 3 huge shops under construction in the place.
7. On query my uncle told me that my father had sold the property to him.
8. My uncle's son is an influential advocate in the session court there and told me to keep away and not harass his "heart patient" father.
9. I cannot buy a similar property which was once the heart of a small town and is commercially valued at more than a crore.
Any advise from legal experts? I need it because my cousin brother is the secretary of the bar association of Bargarh and not a single lawyer from there is willing to take up the case. Advocates, judiciary and police are all hand in glove in small towns of India.
Devajyoti Barman
(Expert) 12 July 2010
File a suit for partition and injunction immediately.
For the non cooperation of the lawyers you can draw the attention of the bar council and even may ask for transfer of the same form the high court citing the above reasons.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
Since none is prepared to take up your case, fight the case yourself with legal help behind the scenes. As the case relates to land, transfer may not be possible to another court.
JB Padhi
(Querist) 18 July 2010
I don't have a law degree. Yet I will mince no words and say the least that our judiciary is a great circus. They are so corrupt that a single deal with a chaprasi of the court will swear that he / she will never approach the court. What is the meaning of legal help from behind? (Of course I know it means support from lawyerclubofindia). Am I into some kind of spying mission? A simple case of partition, getting an injunction has taken years now that too in a sessions court.
