• Selling property

My grand pa has having 07 children (03 sons & four daughter) & also having a sound property in Bilaspur Chhattisgarh & after his death same has been transffered in my grand ma name few years back but few year back, one day when my Mom & her sisters has been gone through a add in local news paper that my 03 mamas decleared that they are only three brothers, as they are not having any real sister in their family & post this advertisement they also started selling the said property one by one without any notification or information. Is it legal?? & if not then how my mom & her sisters can get stay as soon as possible & how they can get justice from court against it??
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

The sisters has to File a suit for partition of ancestral property along with the application seeking injunction against their brothers.

Also they have to challange the sale.deeds.already executed illegal without giving your mother and her sisters proper share.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your mother and her sisters should File suit to set aside sale deeds executed by brothers

2) seek their one seventh share in property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You should seek copy of registered document of dale deed executed by your mother's brother also you should seek title search report from sub registrar's office.

You should check from record how the mutuation of the property is done. Check whether name of your mother and her sisters is there or not in title. If it is done illegally the name need to be challange and complaint has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

File partition suit without delay and on the basis of false news paper advertisement, stay will be granted on sale of properties. Also, cancellation of sale already done.

On the basis of paper cutting, case of cheating also maintainable against ur MAMAs.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

There is always a remedy.

It seems to be ancestral property and your GM was holding the title after your GF. In law, the daughters are treated as coparceners by birth as per S.6 of the Hindu Succession Act, 2005. If your GM is alive, then the proper course for daughters is to file a suit for partition, separate possession and restrain the brothers from alienating the property in any means.

They have to cause a legal notice to your GM, brothers that they were shocked to see an ad intended to cheat the public. Along with the legal heir certificate, they can also file a complaint in the local police station for an offence under cheating(420) and dishonest removal of property to prevent distribution among creditors (421).

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Few things need to be known first.

Whether your grsnd father transferred his property to your grand mother's name by way of a registered deed?

Whether your grandmother is now dead or alive?

2. If your grandfather transferred his property to his wife by a registered deed and his wife is no more now then on her dearh all 7 children will acquire share in the property equally.

3. Now to claim her due share in the property your mother will have to file a suit for partition and to restrain her brothers from selling the joint property further seek interim injunction.

4. So meet a local advocate and take the things forward as per the advice stated above.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) when your grandpa expired, in which date ?

2) at the time of when your grandmother name was inserted on property at that only all children names are entered on property. Means grandmother, 3 sons and 4 daughters names on property.

3) Any how when they have given in paper declaration that they are only 3 brothers and no real sisters. If it latest issue than you can action on it. Here please let us know the dates of paper advertisement, sell transaction date, grandfather's death date, grandmother name insertion on property date.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Sir,

Your mother can file suit for partition and to declare such sale deeds as not binding upon the sisters. Family heirship cannot be denied by your mamas. Please call me.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

The same is illegal.

Challenge such sale deed before the civil court and file a suit for perpetual injunction.

You have a rightful share on the land and the same must be claimed by your mother and her sister.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Contact a local lawyer at the earliest who may file the same for you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This property belonged to your grandfather who is reported to have died intestate.

Upon his death the property devolved equally on his own legal heirs namely his wife and seven children.

If your paternal uncles have sold or trying to sell the properties without the consent of their sisters, then it is illegal

Your mother and her sisters have to file a partition suit and seek partition and separate possession of their legitimate share in the property which will include the properties that have been sold without their knowledge and consent

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

if not then how my mom & her sisters can get stay as soon as possible & how they can get justice from court against it?? & legally, how can they add their names in all official / govt. records in next.

Once the court is passing decree and judgment in their favor and allots their legitimate share, they can apply for transfer of revenue records on their name

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Yes it's illegal you can get an injunction for the same. If sale is happened the deeds will be cancelled. You can approach the court with that advertisement and other evidences.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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