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Menon (Propreitor)     08 August 2010

My father's property

My father purchased a building from Temple authroties in 1978-79 in Chennai.He was running a shop in the building and was stayinh in the same building.My eldest brother, who returned from Europe in 1985  used to assist him in running th business. My father died in 1992.and since then my eldest brother was running the show.He never used to consult his siblings on the day to day running of the shop and about 2 years back he sold the property to some one without consulting any of us. We are totally 2 sisters and 2 brothers and no body knows at what rate he sold the property.One fine morning he brought one piece of paper and told us to sign it to acknowldge receipt of Rs 1 lakh as each one's share.We are all depressed as available information reveals that he has sold it for nearly Rs one crore.What remedy is availble for us to find out the actual money received by him? Is the transaction valid as the property belongs to our father and not to the eldest brother.Being a temple property, is it possible to effect the deal with an MOU or it should be routed through the sub registrar in the city?

We seek your expert comments and remedy available.



Learning

 4 Replies

Prakash Yedhula (Lawyer)     08 August 2010

If your father had died intestate, ie without leaving any Will, then your brother cannot sell the property on his own accord. You all have an equal share. Get an encumbrance certificate from the Registrar Office to see whether there is any such transaction and if so, get the certified copy of the sale deed. The recitals there would reflect under what capacity your brother had sold the property. You can very well challenge the sale before a competent civil court. 

JAGDISH LAL (Practising Advocate)     08 August 2010

Sir,  you can file a civil suit for Declaration  and can get the deal by your brother as null and void.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 August 2010

As rightly said by Mr.Prakash, you all have equal share in the property. You can simply file a suit for partition in a civil court and inter alia can challenge the sale made by your brother.

Gopal Singh ( Advocate)     09 August 2010

Mr. Y. Prakash has rightly advised you.Law does not assst Fraud.Take a proper legal step to safe guard your right.Kindly contact any advocate to pursue the proceeding without delay. 


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