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Prasenjit De (Unemployed)     19 April 2017

Dispute over ancestral property

I am writing this post on behalf of my mother.  My mother is one among the  seven sisters out of which 1 sister (my maasi) has expired some years back. All sisters are married and staying in their respective houses.

 All seven sisters before their marriage used to live in their ancestral house which is about 100 yrs old. However after marriage all the sisters went to their respective in-laws house except the youngest one who continued to stay in their ancestral house along with her husband.

Some years back my mother got a phone call from her youngest sister stating that, one of the local builders wants to build flats on the same plot after demolishing their ancestral house and therefore my mother’s consent is required in this regard and asked her to come down to our home town at West Bengal to sign on the relevant documents. But since my mother cannot walk properly because of some physical ailment, my mother told maasi to send all the documents to Delhi for her signature as we are staying in Delhi. But she did not respond to my mother’s suggestion.

Now 2 years back we came to know that my mother’s ancestral house has fallen on account of torrential rain over there. Her youngest sister and her family were given a temporary shelter in one of their sister’s house. What happened to the building was not known to my mother neither was she informed. However few days back, someone from that locality informed my mother that, there is a house warming ceremony being organized by her youngest sister where she was not invited neither being informed. Got to see the pics on whatsapp that 8 flats have been constructed without taking my mother’s written consent. My mother’s youngest sister never bothered to inform her nor any other sister about the ongoing construction; neither took her written permission, nor invited her to attend the house-warming ceremony.

For this above incident my mother is deeply pained with heavy heart she appeals to you on the following mentioned points and seeks your necessary advice for the next course of action:-

  1. As told, none of her 5 sisters have taken a single penny in regard to signing the documents. If that is so, then why my mother was only ignored? Why hide and seek and keeping everything in dark and misleading answers being given when questions were asked of betrayal.
  2. My mother’s youngest sister told her that, they have left a small piece of land on the same plot for my mother where nothing can be constructed only for name sake….but my mother never claimed anything as she had no knowledge about the construction of the flats….neither her youngest sister ever send my mother any legal document on this matter. Can she do that without my mother’s consent?
  3. My maasi  has to say she has made a small flat but pics reveal 8 flats have been constructed. She again goes on to say that the flat was constructed by a local contractor and not a builder. Since my maasi’s financial condition not that strong, then who invested on the remaining flats?
  4. If the land was sold to any builder, then what was the selling price of the land? Who took the money? Everything has been kept dark to my mother?
  5. Can a new building be constructed on a ancestral land without the written consent of one of the right owners that is my mother?

Kindly guide and suggest my mother accordingly.



Learning

 2 Replies

rajashekhar (advocate)     19 April 2017

Keeping all other family matters with you you can proceed against your mothers sister and cilam share in site

Kumar Doab (FIN)     19 April 2017

Obtain mutation record with all link documents from the O/o Authority under whose jurisdiction property falls.

This can help you in future as well as may get you copy of some deed, if any was signed with builder.

As per your post rest of the Co-sharers have signed by thie rfree will in favor of your masusi.


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