• Ancestors property dispute

Ancestors property dispute,

Hi my grandpa had owned 18 acers of land and had 6 kids, one of them was my dad. My mother died when I was very young so he had a soft conner for me and had wrote a agreement with 3 acres of his land. And now we are dividing the land. So by law I need to get the 5 acres of land which my granpa gave to me. 

But my relatives are not ready to give the land, I have sent a leagal notice to them. I need some answers on below things.

1. I am not aware where the 3 acres of land is located in that 18 acres. How do I find that out? (We were all relatives and had a good relationship, so I did not think that they will fight back when I try to divide the land)
2. I sent a leagal notice, they did not respond to it. Can I now send a stay order on it? If yes Will that stay be on entire 18 acres? because I dont know where my land is located in that 18 acres.
3. Now they have sent me a notice, I stay in Bangalore but the land is in Tamilnadu. I dont have a house in Tamilnadu my blood brothers stay in that place. The notice which they sent has gone to my brother's address. So the postman has taken it back saying that I was not present at the location. Will that be a problem for me?
4. Should I go to my brother's place to collect the notice?
5. As I am planning to send a stay order, Should I send it without accepting the notice that they sent to me?
6. My existing lawyer does not communicate to me properly as we are in different states, Can I take help of a new lawyer to send the stay order?
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) description of property would have been mentioned in the document executed by your grand father transferring 3 acres of land in your favour 

2) was it by gift deed? if so there is a schedule in gift deed containing description of property 

3) what are contents of legal notice sent by you ? stay would only be on 3 acres out of 18 acres 

4)fresh notice will have to be sent by your brother s at your current address

5)you must read contents of notice so that in case you move court you are able  to deal with the same 

6) you can engage a new lawyer
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

First of all answer the following questions:
1) How was the 3 acres of land allotted to you and by whom, whether your father or grandfather?, 
2) Out of 18 acres that belonged to your grandfather, whether his six children were allotted their shares equally, i.e., 3 acres each?, if so how did you get this 3 acres of land, because your father himself had acquired only 3 acres? 
3) Where from you got additional 2 acres of land?
4) What do you mean by stay order and against whom?
5) Have you already approached court for partition?
6) Whether you are aware of the contents of the notice sent to you? If so, what was the purpose of issuing notice to you and by whom?
7) Have you already engaged a lawyer, if so, whether he filed a suit on your behalf?, 

If you have the gift deed in your possession, the 3 acres allotted to you, if not specified properly, it will remain in the undivided property.

Now answers to your questions:
1)  Whether this portion was allotted to you as a share in the undivided property, if so you can seek for an appointment of advocate commissioner to identify your share of property and allot the same to you.
2)  After sending a legal notice, if they did not respond, you have to approach court alone and cannot send a stay order on your own, by the way stay is for what?
3) You should immediately contact the relative stating at that place to receive the same on your behalf or ask the postman to put on hold or to redirect the same to your current address.
4) Yes you can do it
5) How can you send a stay order on your own?
6) You can get NOC from him and engage a new lawyer.
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

So basically your share should be 3 + (15/6) = 5.5

Lets get the basics right. You cannot send a stay order only a court can pass a stay order. Once passed you may only communicate the order to your relatives. 

File a title suit and partition suit in the district in Tamil Nadu and seek for an interim stay till the matter is heard out. Once done with that you should be safe. And if your lawyer does not speak to you or communicate to you it is in the best exercise of prudence to change your lawyer. Because your boss wont think for a second second on firing you when you stop communicating with him. 
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

1) It is pertinent to know if the agreement your grandfather made favoring you was registered and stamped. If thep property is ancestral he couldn't have alienated it.

2) If the agreement is valid you can seek an injunction from the court against alienation of the property and to maintain  status quo until the suit for partition is decided.if you have not filled for partition you you need to do so as you have an interest in the property by virtue of your grandpa's agreement.

3) You cannot send a stay order. Your lawyer has to bring about a suit for injunction.

4) It is advisable to accept the notice sent to you. It may have information that can support your case. Before you initiate any further action accept the notice.

5) You need to get an NOC from the existing l lawyer before you engage a new one. Terry bridging the communication gasp yourself if possible .
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

1. The 3 acres of land does not have to be located in the 18 acres of land. When the land gets divided you would be entitled to your lawful share of 5 acres.

2. If you have sent the legal notice and it has not produced the desired result then you may now move to court to seek a stay order and to cull out your share.

3. What have they demanded in the notice sent to you?

4. You do not have to go to your brother's place to collect the notice. Even without getting the notice you are entitled to go to court.

5. You are at liberty to change your lawyer after obtaining a NOC from your current lawyer.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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