Trying to usurp grandfathers property in Utan
Clayton Mendonca
(Querist) 13 March 2010
This query is : Resolved
1) Indian Christian person had self acquired property in Utan Taluka, Bhayandar, Thane District, Maharashtra.
2) Person died intestate in 1965.
3) Person had two children ChildA and ChildB and both of them also died intestate in 1975 and 1990.
4) ChildA had two children GrandchildA1 and GrandchildA2.
5) ChildB had two children GrandchildB1 and GrandchildB2.
6)GrandchildA1, GrandchildA2, GranndchildB1 and GrandchildB2 are all alive today.
7) Grandchild A1 came to know that Grandfather had 15 gunthas of property worth 15 lakhs in a village in Utan.
8) The other grandchildren were not aware of the existence of this plot.
9) GrandchildA1 wanted to sell this property to a buyer for 15 lakhs without the knowledge of the other three grandchildren.
10) GrandchildA1 advertised in a Marathi newspaper the following - I, Mrs. GrandchildA1 is the sole survivor of Mr. Grandfather, owner of 15 gunthas, survey no 123/25 of Utan Taluka. I want to sell this property to Buyer1. If anyone has any objection to selling of this property, they should raise objection within 15 days or else this property will be sold to Buyer1.
11) The other grandchildren have now come to know of this and have informed the buyer that he could be in trouble if he buys this plot without getting their signature.
12) What action can now be taken against GrandchildA1 by the other grandchildren? Also, can they file a police complaint against her and under what section of CrPC?
Please give your learned suggestions.
Thanks in advance and regards,
Clayton
Devajyoti Barman
(Expert) 14 March 2010
Probably the mist effective remedy wpuld be to file a suit for partition of the ancestral properties claiming 1/4th share each and also for injunction so that during the pendency of the said suit no co -sharer can alienate any portion of the joint property. As the property in question is not sold in the meantime, it is not advisable to initiate any criminal case.
Raj Kumar Makkad
(Expert) 14 March 2010
All legal heirs of grandfather i.e. GCA2, GCB1 & 2 are also equally owners of the fradulantly sold property by the wife of GCA1 at their back. Immediately lodge FIR against the seller, her husband, buyer and attesting witnesses before local police station wherein such transaction took place and simultaneously file a suit seeking setting aside such sale-deed and all actions taken thereafter qua the property in dispute.
Kumar Thadhani
(Expert) 14 March 2010
For quicker relief I GO with expert. Mr Makkad.Even I do go with expert Mr. Barman when things do not works previously.
