Hello,
File a case of permanent injunction and a declaratory suit immediately.
Regards
My father is adopted son in 1960
My father has been adopted in when he was 5 years old in 1960 in agra belanganj through court permission and papers are still with us.. but after few years my father left his place because his brother in law was rowdy.. the property was named after my father grand father and my father was no more @ that time .. so his grand father made a will in which he said am giving my property to my daughter in law just to take care of the property and can earn rent from this property but cannot sell this property , she can only give to his children’s or she can adopt any child he or she can be the owner of the property.. but after many years we came to know that my grand mother daughter son has become witness in the property deal and sell all the building .. but i was also adopted son i have also the same right on my property even half of the property was mine.. but they have sell it because they came to know that we came to know that this property also belongs to my father as well.. what we can do in that case ..
Asked 4 years ago in Property Law
Religion: Hindu
14 Answers
file civil suit for declaration and permanently injunction and possession and setting aside sale deed.
You can file case in civil court for cancellation of unlawful sale . The specific condition in the will is that ," my daughter in law just to take care of the property and can earn rent from this property but cannot sell this property , she can only give to his children’s or she can adopt any child he or she can be the owner of the property." This specific condition stipulated in the will deed also help you in litigation time.
You can file a suit for cancellation of sale along with possession and share in property as per the will document.
Also can seek interim stay on further sale of the property.
You can claim the same by filing the suit and praying for cancellation of the sale deed which sold your share in property
File suit to set aside sale of property
2) in said suit take the plea that fraudulent sale was discovered only recently and suit has been filed within period of 3 years of discovery of fraud
3) contact a local lawyer
You can challenge the transfer of property as the property is ancestral property and your father was adapted by your grandfather
How come you have share ? Grand father bequeathed his property to her as life interest and after her to her children. Even if sale is contrary to WILL conditions, you are not entitle to those property.
What is we dont have death certificate of my father mother ... because we even dont know when she left us.. we tried everywhere but dint get it .. because my father grand son not telling us.. but we got to know that he is the witness in every documents , can we file the case in merits of my father things
Asked 4 years ago
1) issue legal notice to grand son to furnish copy of death certificate of your deceased parents lying in his possession
You will need the documents also for the same. You will get the death certificate from registrar of births and deaths by name and date of death
yes.you can file and for demise you can make an affidavit.
If you have the Will in your possession in which the property was bequeathed to your mother and her adopted children, yo may first file a probate petition and after that you can file a suit to declare your title to the proeprty and for possession and you can also ask for the reliefs of permanent injunction against them from alienating or encumbering the property in any manner and also for cancellation of the registered sale deeds done earlier.
You can discuss at length with your advocate and proceed on the basis of further suggestions received.
Without the death certificate you may not be able to prove the death of your mother, hence you may at least try to get it from a village revenue officer.
Before that you may file the suit stating that you will produce the same at a later date.
Dear
You need to file a suit for setting aside the sale on ground of fraud and partition suit on ground of ancestral property and will of grandfather.
