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samratsarkar (sdf)     29 March 2012

Nri ancestral property

Hi, I am an NRI. My father lives in Mumbai in a separate small own flat. My grandfather passed away 30 years back keeping a small land and a small house in a small town of WB. My two uncles family (father's brother) live there now. In future taking oppurtunity of my absence ( as I am an NRI) and my fathers age my uncles and cousins (uncles sons) can try to sell my grandfather's plot to a builder or other real estate agents without letting us know.

How to prevent this happening in future ? ( Can we do some legal prep work like putting application in local municipal corporation etc so that my uncles will think twice before taking such a bold step of selling our ancestral plot house to third party builders etc ?)

Please Advice with some details.

Thanks a lot .



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 March 2012

Dear Mr. Sarkar, 

Since the property devolved on your father and his two brothers in equal measures on your grandfather's demise, your father is entitled to 1/3rd of the same. Legally, they cannot sell the property in toto (whole property without your father's consent), however they can still alienate/dispose of property to the extent of their 2/3rd. 

You have the following remedies open to you to prevent a wrongful transfer of property :-

1) Injunction order whereby the court would refrain them from selling or disposing of the property;

2) Since it has been seen in a variety of cases like this that heirs come up with fraudulent wills, don't be surprised if your uncles tommorow assert a fictitious will whereby your grandfather gave them the whole property, obviously you'd have ample opportunity to challenge the same, however to be on the safer side you can file, what is known as the caveat - whereby if your uncles attempt go to the court for such a thing, you'd get to know beforehand. 

Feel free to email !

samratsarkar (sdf)     30 March 2012

Thanks Adv Bharat for your reply. I have some follow up questions regarding above.

1)  If my father or I file Injunction order is there anyway our uncles could come to know immediately. i mean : Is the court is going to send any letter to their house ?

2) If we file Caveat to prevent Fradulent wills: Whether our uncles  will come to know immediately.

We want to file something (do something legal) under the hood so that my uncles will never know until they try to do this kind of mischief.

3) Do you have any idea regarding how much time it takes to file Injunction and Caveat ? Whether we have to spend too much time going to the court inorder to file injunction or caveat ? (Or is it just submitting some legal paperwork with the proper authorities in the court) ?

4) What is the approximate cost for a decent Law Firm to do the above work for an average case ?


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