Selling rights
jagdish dubey
(Querist) 06 June 2015
This query is : Resolved
DEAR SIR/MADAM
WE HAVE PROPERTY IN OUR NATIVE VARANASI IN THE NAME OF MY MOTHER(SINCE MY FATHER PASSED AWAY 6YEARS AGO). AFTER THE DEATH OF MY GRANDFATHER AND GRANDMOTHER NAME OF OWNERSHIP OF ALL LAND HAVE BEEN TRANSFERRED IN THE NAME OF MY MOTHER AND OTHER CHACHA'S(UNCLE). BUT MY CHACHA(UNCLE) IS NOT WILLING TO DO THE DIVISION OF LAND,HOUSES ETC. HE IS ENJOYING A LUXURIES LIFE BY TAKING ALL THE PROFIT OF LAND AND RENT OF HOUSES ALONE.MY MOTHER WORKS VERY HARD FOR OUR STUDIES AND SHE IS UNDER A LOT OF TENSION AFTER LISTENING TO MY CHACHA WORDS.MY CHACHA HAS BECAME GREEDY AND HE SAYS HE IS NOT GOING TO GIVE US ANY INCH OF LAND TO US AND HE IS HARASSING US. .
SO I JUST WANTED TO KNOW THAT SINCE IN THE FILE OF GOVERNMENT THE LAND BELONGS TO US THAT IS IT IS IN THE NAME OF MY MOTHER
SO CAN WE SELL THE LAND??
PLEASE HELP.
THANKING YOU
REGARDS
JAGDISH DUBEY
ENGINEERING STUDENT
Kumar Doab
(Expert) 06 June 2015
The land was ancestral or self acquired for the grandfather and grandmother?
How was it transferred from grandfather and grandmother to mother and Chacha (Paternal Uncle) e.g. inheritance, WILL, Partition Deed etc?
How come land in the name of mother is being enjoyed by Chacha (Paternal Uncle) ?
jagdish dubey
(Querist) 07 June 2015
Sir th land was ancestral and it has been transferred due inheritance in the name of my mother and Chacha.
Sir my Chacha has been doing farming on that land since last 10 years and he is now not ready to give the land or the crops of the land.
Sir since we are students, he is taking advantage of our immaturity. And he is ready giving any thing to us. So I wanted to know that do we have the right to sell that land though my chacha is not giving anything physically??
Please help...
Thanking you
Regards
Jagdish Dubey
jagdish dubey
(Querist) 07 June 2015
*he is not ready to give anything to us
Rajendra K Goyal
(Expert) 07 June 2015
Your mother can sell her share in the property.
jagdish dubey
(Querist) 07 June 2015
Thank you sir....
But one more question..
Can my mother sell the land without taking NOC from my Chacha ???
Sudhir Kumar, Advocate
(Expert) 07 June 2015
seek partition by filing partition suit.
your mother can sell her share but it is not demarcated. She can sell her stake. But no buyer other than another land greedy person will come forward.
Biswanath Roy
(Expert) 10 June 2015
From the given facts it appears that the subject land is not mutated and apportioned and a joint property, jointly in between your mother and chacha. So first of all your mother has to file a Partition Suit against your chacha after servicing a legal notice upon him and claiming all of her shares and benefits so far enjoyed by your chacha from the joint property and after partition order your mother can sell her property.
