My father were four brothers. On this date only the oldest of them is surviving. There was no proper partition among the brothers. Most of the properties are registered in the name of my grandfather.mother. Around a months back, my uncle has sold substantial part of the property to a person without even consulting us. He also received the amount agreed in the sale deed. The sale deed was registered. Mutation is still pending with the land revenue department. Both our grandparents died without any will. That makes the four brothers equal partners. All of us except my uncle who executed the deed is not in favour of selling the property. What is the legal recourse we need to take. Kindly advise.
1) All legal heirs name should be registered on mutation records, so other people can stop the transcation.
2) And inform in wrting to registrar of revenue department that your uncle is not sole owner rest of the brothers legal heirs are also owner of the property.
file suit for partition for division of property by metes and bounds
2) seek orders to set aside sale deed executed by uncle
3) seek injunction restraining further sale of proeprty
See you need to file a suit for cancellation of sale done illegally by uncle and further for the partition of the property by meats and bounds. Further also along suit stay application needs to be filed. The other heirs other then uncle can be joined as plaintiff in suit against the uncle.
Further take objection in mutuation process by new owner.
Dear Client,
After grand parents demise, their property were inherited in four children by 1/4th share each. And on other brothers demise their 1/4th share inherited in their legal heirs.
Uncle could have sell only his 1/4th share. You can file criminal FIR agasint him or civil suit for cancellation of sale deed as same is done without ownership.
We(the remaining three heirs) are in the process of filing the partition suit. My questions are : 1. Where to register our objection in mutation process. 2. Do we have to give details of the partition suit for registering our objection. 3. Is there a timeline to register our objection. 4. In the Sale Deed he has declared that all 3 brothers except him are the illegal sons of my grandfather(which is not at all true). Can we file a defamation suit against him based on this. Thanks
1. With revenue department / muncipal department based on where property is situated.
2. Yes first file suit for cancellation of sale and partition and based on same object mutation.
3. See there is no timeline as such but delay will effect your case so register a suit and file objection.
4. See defamation suit shall not be appropriate remedy in this .
with the revenue authorities tehsildar object to mutation of property in name of purchaser
2)objection should be filed at earliest
3) your father can also file defamation suit against your uncle for maligning his reputation
Partition and cancellation of sale suit will file. Objection will file before mutation officer.
Property detail is necessary.
Cancellation of sale within 3 of sale. Objection should be file now.
Even illegitimate sons have equal share.
File criminal complain of cheating.
You have to file suit for declaration thereby seeking the ownership of the land, also in the said suit we you have to challenge the sale deed thereby seeking cancellation of the sale deed on the ground that same was executed without permission of legal heir. .
the limitation is for 12 years.
Yes you can file civil defamation and criminal defamation cases on him.
1. with the land revenue authority or talathi or tehsildar
2. not required. You just need to inform that you are the legal heirs and the property was sold without your consent and therefore the mutation should not be done in buyer's name. However the officer may require you to provide legal heir certificate or letter of administration from court
3. yes as soon as possible
4. yes
1) First you need to apply for register your name in the local gram panchayat office along with all papers like land papers, which are on your grandfather's name, fathers death certificate and other uncle's death certificate, domicile certificate etc.
2) Not needed, first you can register mutation record on your name i.e. all legal heirs and directly you can take objection.
3) Within 3 years you have to register your objection from the time of incident took place.
4) Yes, later on you can file defamation case, first get mutation papers on your name ready.
All the shareholder in the ancestral property have the right to sell the property even before the partition of the property but in case the position of property involves then the partition of the property is must so in that case he has to go to the court and file a civil suit for partition and he can sell only his share of the property he cannot force any other share holder of the property to give his property even if he has sold the property show the division of property and only take place after the decision of the court in this regard.
The sale deed is a valid sale deed and it is the buyers responsibility to know that the share of the person what he is purchasing to
1. To preempt the sale by your uncle you should have filed a suit for permanent injunction against him in the civil court but you failed to do so.
2. Since your grandfather died intestate his property devolved equally on all his children. ON the demise of your father his share further devolved on his class 1 heirs i.e widow and children.
3. Now the remedy in your hands is to file a suit for declaration of the sale deed executed by your uncle as void and also seek partition of the property.
4. You have to make the subsequent buyer a party to impeach the sale deed executed in his favour.
Filing of objections to mutation can also be done but it will not serve any purpose as Supreme Court has ruled in a number of judgments that mutation certificate is not a document of title. Title has already passed to the buyer on the execution of sale deed by your uncle. You have to assail the sale deed.
With the subregistrar you can file your objections. Yes you may give partition suit details. As soon as possible file your objections. Yes you can file defamation case both civil and Criminal
Your father, if living, can file a partition suit seeking partition of entire properties left behind by your grandparents and separate possession of his legitimate share out of the said properties.
This will include the properties sold without his consent.
He can also file an injunction application seeking to restrain the defendants from further alienating or encumbering the properties in any manner till the disposal of the main suit.
1. You can give an application to the land revenue department/Tehsildar office with your objection to the mutation application filed by them.
2. You can say that you are also one of the legal heirs to succeed to the estates of the deceased owners, hence this objection as the applicants have not taken your consent for this mutation.
3. No, but it would be better that you do it immediately.
4. The affected parties can file defamation suit.