• Transfer of property

My father had purchased land in his own name. After death of my father the land should be divided between my brother, sister and mother. Now my cousin is pressuring for division of land. He also took advance from a broker on the said land. My grand parents also died way back before the death of my father. Please advise suitable action under civil and criminal laws.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

on demise of grand father your mother , you , your brother , sister would be the legal heirs

2) since it is self acquired property of father cousin has no share in said land

3) you can enter into deed of family settlement for division of land by metes and bounds

4) your cousin had no business to take advance from broker on self acquired property of your father

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. Your cousin has no share in the land owned by your father. On his demise it has devolved through intestate succession equally on his widow and children.

2. The heirs are at liberty to divide the land by executing a deed of partition which has to be registered.

3. To be on a safer side you may file a civil suit for permanent injunction against your cousin so that he does not alienate your land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. If your father purchased the land from his self acquired wealth then his brothers have no share in the land.

2.In that event his cousin shall have no sahre in the land as well.

3.i am not sure why he asking for share in it but he has no share in it for sure and hence he can not make agreement with any broker.

4.You being its owner deal with it in any manner you want.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

If it was your father's own property and if he is reported to have died intestate then the property automatically devolves on his own legal heirs consisting his wife and children and mother, if living.

What is the basis that your cousin is claiming any share or rights in the property?

If it is an illegal demand and he is approaching court, you may challenge the same properly and appropriately.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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