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ShantiDas In (Freelance)     17 November 2018

Unable to sell my ancestral property

Dear Sir,
I have some agricultural land in uttar pradesh (Native Place) in the name of my father and two uncle.
My father and one uncle died few years back.
Now i want to sell that land with permission of my cousin brothers and uncle as we live here in mumbai and don't go to native place frequently.

Now my nephew is not allowing us to sell it as he himself want to swallow that land which he is trying from last 10-12 years. So he put some stay in transferring name by giving stupid reason..
Although he don't have any legal proof for that.

So kindly advice me what should i do in this case ?



Learning

 6 Replies

Shashi Dhara   17 November 2018

Change the title of land to your name.sell it to strong man who is ready to face consequence. let ur nephew go to court &fight.learn lesson.

SHIRISH PAWAR, 7738990900 (Advocate)     17 November 2018

If the stay is granted by court you cannot sale the property. You have to appear in the case and fight out the case. 

Shashi Dhara   17 November 2018

If u sell it then purchaser shall be made as additional party.if not the evidence Wiillstart quickly plaintiff has to prove his title or stay will be vacated.

Kumar Doab (FIN)     18 November 2018

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records (Virasat ka Intkaal or any other legal terms as per LOCAL revenue codes in the state) showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heir(s) are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

If there is an objection that brought stay (as in your query) then reply to the same and get the stay vacated.

Kumar Doab (FIN)     18 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and  find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g; Civil courts, HC, SC …

Show all docs and obtain proper written legal opinion.

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/CIVIL matters.

Show all mutation reords with all link docs and said stay (containing said stupid reason) as in query to your very able LOCAL counsel for a considered opinion. Court can vacate stay and partition with boundaries.

Kumar Doab (FIN)     18 November 2018

As per U.P.Z.A. & L.R. Act the married daughters may not have a share in agricultural land.

GO thru;Thread at LCI; under my profile;

 

Married daughter rights in father

ancestral agri. property

 


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