• Inheritance of the property after father's death

Dear ,

after my grandfathers death , my uncle is selling the property. my father tried to talk to him and told him to divide the property mutually. but he dissagreed and since from 2009 till now he has sold 40 % of the property. Later he agreed and then in front of panchayat and Amin few land were divided between my father and uncle verbally. But still he is aiming to sell another property.

My question is that how can one aqquire/claim the property after fathers death. Law says its automatically inherited , but there must be a process to get that ? like submitting something somewhere ??

2) Without any claim , how can my uncle is able to sell the property?
3) Can we do something about the land which he has already sold and i think its illegal to sell the property?
3) how can we get our property step by step?
4) I am grandchildren of my grandfather , my parents are still alive . In this case can grandchild claim the property of their grandfathers property ?? If yes then whats the process of doing that ?

Anyhelp will be much appreciated and helpful to me and my Family.
Thanks
Asked 8 years ago in Property Law
Religion: Muslim

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4 Answers

Apply for letters of administration from district court in the name of legal heirs as your father died intestate

2) apply for mutation of property in name of the legal heirs

3) enclose father detah certificate

4) receipt of payment of latest property tax bill

5) file suit for partition for division of property by metes and bounds

6) seek injunction restraining uncle from selling the property

7) seek orders to set aside sale of property by uncle

8) grand children have no share in property during parents lifetime

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

1) in case deceased father dies intestate you can apply for letters of administration from district court in name of his legal heirs to adminsiter his estate

2) mutation would be done of all properties standing in name of deceased father in favour of your father , uncle

3)legal fees vary depending upon lawyer engaged by you . You have to mention details of various properties in respect of which you seek injunction.

4) suit for partition and injunction has to be filed where property is situated

Ajay Sethi
Advocate, Mumbai
99810 Answers
8147 Consultations

My question is that how can one aqquire/claim the property after fathers death. Law says its automatically inherited , but there must be a process to get that ? like submitting something somewhere ??

Your uncle would not have sold the property by a registered deed, he might have sold the property based on the legal heirship certificate on his name or by creating false and fabricated documents

2) Without any claim , how can my uncle is able to sell the property?

May be with the help of some fake and fabricated documents

3) Can we do something about the land which he has already sold and i think its illegal to sell the property?

Your father has to file a partition suit by mentioning all those properties even the ones already sold

3) how can we get our property step by step?

Your father has to file a partition suit seeking partition and separate possession of his legitimate shares out of his father's properties which are intestate

4) I am grandchildren of my grandfather , my parents are still alive . In this case can grandchild claim the property of their grandfathers property ?? If yes then whats the process of doing that ?

Grandchildren are not entitled to any share in grandfather's property especially when their respective parents are alive.

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

Apply for letters of administration from district court in the name of legal heirs as your father died intestate ( what do you mean by this ?? Can you please explain in details. I am resident of Bihar , district Madhubani.

Being a Muslim by religion your father will be covered by the Muslim law of intestate succession/inheritance.

This letters of administration will be of little use in this situation.

2) apply for mutation of property in name of the legal heirs ( how can i apply for mutation , if the property lets say 100 plots have not divided yet. Then on which property the mutation will be done ??? And in order to do mutation Do i need sign of my uncle too as he is also a son of my grandfather .. Or only my father can go and file an application for mutation ? giving death certifif cate and all property bills

Your father need to file a partition suit immediately before applying for mutation.

3) ) seek injunction restraining uncle from selling the property : How much will be the expenses for this injection and whats the process of that? Where we have to go and what we have to do , which documents do we need to submit for injection?

In the same partition suit he can file an application seeking to restrain your uncle from selling the properties any further.

The court fee and the lawyer's fee can be enquired locally

T Kalaiselvan
Advocate, Vellore
90012 Answers
2497 Consultations

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