See your father can file for cancellation of the sale and can seek his share in the shop by partition if he has any legal share in the same.
Unfair selling of real estate
My grandfather is having a shop in my home town on rent my both uncle have a business on that shop ,my father has his own business.My uncle sell the shop without knowing of my father and not giving share to my father. I really need help in this matter what to do. Thanks
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
They have taken money in form of pagdi or you can say taken money to leave the shop which is not on paper .Then also cancellation can happen and if not then what can be done.Plz give me answer in detail about all the possible ways. Thanks Shubh Sir
Asked 6 years ago
If there is nothing on paper suit cannot be filed you have to retain the possession and contest for the possession of the suit.
Since grandfather is tenant tenancy rights cannot be sold by uncles without consent of landlord and grand father
2) your father consent is not necessary
Grandfather is tenant
he can surrender tenancy rights without your father consent
Tell your father to file police complaint. Your father had equal share in shop and his share cannot be sold. Or civil suit for cancellation of sale or partition of sale amount.
Legal heirs of the tenant have no right to claim continue in the tenancy. Normally your uncle continue the business in the shop and they transfer the tenancy right to others .Tenant have no right to sell the rented property.
It's illegal and you can claim your share in the same. Being joint family property it's illegal
You can file a civil suit for recovery of the money of your father share from your uncle along with cancellation of the registration.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
If this shop was taken on rent presumably on pagdi system by your grandfather and if he is still living then your father cannot question the acts of your uncles.
However if yor grandfather is not living and the pagdi system was on yor grandfather's name, then your father can claim a share out of the sale proceeds.
You ascertain the position and consult a local lawyer on further course of action on it.
If the property was taken on rent on pagdi system by your grandfather on his name and if he is not living then the sale proceeds of pagdi system property shall be shared by all his legal heirs, your father can claim a share in it provided he is in the possession of documentary evidences for the money transaction.
- As per the information mentioned in the present query, makes it clear that the issue is not about taking money or not having consented to the transaction of sell.
- You need to understand the nature of the property, if ancestral or self acquired.
- If self acquired then no one except your grandfather can sell it.
- But if ancestral then your uncle would have share, still also they can’t think of selling it without the consent.
- You please file a suit before the court of civil law for injunction against creating any part for the property and declaration to declare the sell null and void.