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M.Anjaneyulu   04 February 2019

Civil in nature

A woman has a plot which was allotted by govt.She has two sons .She died intestate in the year 2002. Younger son constructed a tin sheets house in his half of the plot(there was no partition but just understanding between two sons there was no changes in govt records). Elder son died in the year 2004. Younger son went to another place on his job.He visits his house now and then.But one day Elder son's wife sold away the whole property to 3rd person stating that younger son died. The buyer demolished younger son's tin sheet house. Younger son came and surprised utterly. What can he do to get his share of property and how to get compensation for his tin sheet house.



Learning

 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 February 2019

This is the problem. People sleep on their rights till alienated and then approach Lawyers. The moment Mother passed away, the brothers should have been advised by some knowledgeable relative/friends if any to get the property mutated in their favour and partition deed is duly got registered.  However, by the descripttion of the facts, the brothers must be very poor and may not be knowing anything. If atleast the Government order allotting the property to their mother is available now with the younger son, it should be examined whether the property is given with full rights or without the right of sale. That is the first step.  If it is proved that the Government order gives full rights, even then the sale is completely wrong and not valid.  

 

The buyer should have obtained proper documents while getting his sale registered. It is not known with what documents the registration had taken place. You may apply for public copy of the sale deed to see how the sale was executed and challenge it in Civil Court. There is no other way now.

G.L.N. Prasad (Retired employee.)     04 February 2019

File a declaration suit , making seller as party, for fraud and seek cancellation of Sale deed and seek partition of your share in the land. Local advocate can provide you further guidance.

P. Venu (Advocate)     04 February 2019

The younger son's title to the property remains undisturbed. He can get possession of his share of his property and damages for the property destroyed.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 February 2019

Yes. But, I think both civil and criminal cases have to be filed for regaining posession.

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