transfer of property

Querist : Anonymous (Querist) 28 March 2010 This query is : Resolved
after death of my father my brothers got the property (agriculture land)tranfered in their name i am the only sister and married.
i want to know will they be able to sell the land without my consent

what can i do in this case

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Devajyoti Barman (Expert) 28 March 2010
If your father has died intestate( without Will)then you have got equal undivided right in the said land along with your siblings and mother. Consult a local lawyer and file a suit for partition claiming for your share and injunction restraning the property in question from being transferred immediately.

Parveen Kr. Aggarwal (Expert) 28 March 2010
You have not specified the instrument vide which the property was got transferred by your brothers in their name. Anyhow, you being one of the legal heirs of your father, are entitled for your share in the property. You may challenge the transfer by filing a civil suit wherein you may claim separate possession of your share by way of partition.

niranjan (Expert) 28 March 2010
I agree with Mr. Burman,however I would add that apply to the revenue authority to include name being heir of your father as you are leftout intentionally by your brothers,if objected or rejected prefer appeal before the revenue higher authority and get your name included in the revenue record.

B K Raghavendra Rao (Expert) 28 March 2010
As the pahani/patta is in the name of your brothers, it is possible that your brothers could hoodwink you and sell the properties. To prevent this, you need to raise objection with the jurisdictional Tahsildar /Assistant Commissioner (Revenue)for transfer of pahani/patta only in the name of your brothers and exclusion of your name. For this you need family tree duly issued by the revenue authorities. Upon raising objection, there would be revenue court proceedings and the matter would be decided. When once your name is included, the buyers would require your consent and signature also for the sale deed.

Kumar Thadhani (Expert) 31 March 2010
I agree with expert Mr. PARVEEN & MR RAO.

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