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R Sahai (Home)     18 June 2011

Father sold ancestral property without consent

My father has been selling chunks of huge ancestral property, inherited from forefathers and giving the proceeds to other siblings, only because I did not ask. Now, when I asked about all these he says that very little has been left and that is meagre. Told that he would give the share but nothing done for the last 15 years.

Can I take any civil and/or criminal action/s against father / siblings / and the persons who have been benefited from the income from agriculture and the sales proceeds.

My father and siblings have just managed a case by settling it outside the coart.

I need my share of property now, they are denying, ----- what are the ways to get it.

CIVIL    AND     CRIMINAL   WHICH    WILL WORK   FAST.

 

THANX

 

R Sahai



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 June 2011

you can file a civil suit for partition and seperate possession in your father's share in the ancestral propert;y

adv. rajeev ( rajoo ) (practicing advocate)     18 June 2011

you can file a civil suit for partition and seperate possession in your father's share in the ancestral propert;y

vinoddinpur@gmail.com (vinoddinpur@gmail.com)     20 June 2011

FILE  A CASE IN CIVIL COURT....

Bharatkumar (ADVOCATE )     20 June 2011

 your right in ancestral property so u can file a civil suit for partition from your father share.

R Sahai (Home)     20 June 2011

Actually the land are in seperate chunks of over 150 plots scatterred over 5 villages. If I file a civil suit for partition, I would be required to deposit some charges at govt. circle rate. That amounts to a huge money.

Another concern is that at the time of chakbandi, my forefathers had distributed the land in different names. Those plots in the name of other family members are also sold without my consent. I understand I cannot claim share in those plots.

I can claim share in the name of those plots which has the name of my grand father as co-owner and/or my my father's name as co-owner. Even these plots are nore that 100 in number scatterred in 5 villages. After extensive efforts I could dig out the details of these plots.

The plots are being sold over the last 15-18 years, and the proceeds have have been distributed among other siblings. I can even prove this.

My concern is that as I have inherited 1/7th of the share of my father ( we are six siblings plus father), and I have been denied share in agricultural income year over year (No account have been kept-as per my knowledge). The proceeds from sales, as distributed among others and new properties made.

My bhabhi had filed a case u/s 498A on some members in 1995. This has been settled outside court by paying a pretty huge cash last year only, i.e 2010. Part of my share might also have been used for paying, althogh this is my presumption, I am not veru sure.

Can I file criminal case under any court  for misappropriation of ancestral property, Criminal conspiration, criminal breach of trust, cheating,

IPC 120B, 420, 467, 424. is any one applicable.

I have a family now, and for there sake I can go to any extent.

Seeking advice.

 

Thanx all for the response.

R Sahai (Home)     21 June 2011

Actually the land are in seperate chunks of over 150 plots scatterred over 5 villages. If I file a civil suit for partition, I would be required to deposit some charges at govt. circle rate. That amounts to a huge money.

Another concern is that at the time of chakbandi, my forefathers had distributed the land in different names. Those plots in the name of other family members are also sold without my consent. I understand I cannot claim share in those plots.

I can claim share in the name of those plots which has the name of my grand father as co-owner and/or my my father's name as co-owner. Even these plots are nore that 100 in number scatterred in 5 villages. After extensive efforts I could dig out the details of these plots.

The plots are being sold over the last 15-18 years, and the proceeds have have been distributed among other siblings. I can even prove this.

My concern is that as I have inherited 1/7th of the share of my father ( we are six siblings plus father), and I have been denied share in agricultural income year over year (No account have been kept-as per my knowledge). The proceeds from sales, as distributed among others and new properties made.

My bhabhi had filed a case u/s 498A on some members in 1995. This has been settled outside court by paying a pretty huge cash last year only, i.e 2010. Part of my share might also have been used for paying, althogh this is my presumption, I am not veru sure.

Can I file criminal case under any court  for misappropriation of ancestral property, Criminal conspiration, criminal breach of trust, cheating,

IPC 120B, 420, 467, 424. is any one applicable.

I have a family now, and for there sake I can go to any extent.

Seeking advice.

 

Thanx all for the response.


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