Selling our lands without our knowledge and permission
The following points are brought to your notice and want your legal opinion.
1. My father’s brother has sold many of our lands without our permission and signatures by showing a court copy. The court has ordered to handover some land against a sum of Rs 30,000. But my uncle has taken more than that of the court’s order. The selling procedures are not registered in Registrar office we hope. We feel that it should be an illegal transaction and we wanted to know how to proceed legally to take action against him.
2. Also he is not handing over the court copy to us and telling that you may do whatever you want
Asked 3 years ago in Civil Law from Viluppuram, Tamil Nadu
1 if property is ancestral property all the legal heirs are equally entitled onthat property if your father s brother has taken more than entitlement you can file suit against him in civil court .you can seek certified copy of court order in this concern.since selling is not registered you can get remedy now.
What to do to when he is refusing to give the court copy? Shall we go for a Police complaint against him or directly to civil court. Which shall be done first?
Asked 3 years ago
1. Query is not clear,
2. What do you mean by Court copy? Do mean nean'Copy of Court Order'?
3. What was the case against which Court has given the said Order?
4. How can the Court order your Uncle to handover some of your land against sum of rs.30K?
5. Tell the full facts to advise properly.
1. If the Court has ordered to sell at Rs.30 K, who is supposed to get the sales proceed?
2. You or your uncle?
3. Give complete facts.
1) since your father was co owner of property your uncle had no power to sell the same without your father consent .
2) take search in sub registrar office whether Sale Deed is registered or not . also take search in court records for orders passed for handing over land for recovery of Rs 30,000
3) your father can move court to set aside sale of property sold by your uncle .
4) before moving court issue legal notice to your uncle that it has been brought to your notice that property is being sold without consent of all legal heirs .
5) you may also file criminal complaint of cheating , criminal breach of trust against your uncle .
you are advised to seek certified copy from the court concern not from that person .you can sue for cancellation of sale deed if illegally registered .also sue for criminal breach of trust.
take certified copy of concerned court order and show it to local lawyer and then proceed accordingly.
Advocate, New Delhi
1. Are the lands ancestral in nature? Did a partition ever took place between your father and his brother?
2. Did your father ever receive a notice from the court in connection with a case filed by your uncle? It is somewhat unbelievable that the court would have ordered your uncle to sell the land in lieu of a paltry sum of Rs.30,000. Be that at it may, it would be imprudent to say anything without perusing the court order. You should go to the court house and carry out a search of the court records with the assistance of a local lawyer to ascertain whether any order has been passed by the court in a case wherein your father was a party. If it transpires that no such order was ever passed by the court your uncle can be prosecuted and punished for fraud and many other serious charges under the law of the land. In addition thereto your father can move to court and challenge the sale transactions made by his brother whereupon the court can declare them illegal.
3. Furthermore, carry out a search in the registrar's office to determine whether the title deeds have been registered by your uncle.
Do not go for a police complaint without verifying the complete factual background. As suggested earlier, first find out from the court whether any such order has been passed by the court. Thereafter, chalk out your further legal strategy in consultation with a lawyer.
if the property belongs to your grandfather immediately file a partition suit and also injunction restraining him from bringing the property for sale.
any sale transaction should be registered. if not it is void.
you can take registered copy of decree on payment of only 10 rs. give an application in the office of district judge and get copy of decree if you have knowledge about that order.you should challenge that transaction in court by filing civil suit under specific relief act and you can compel your uncle to produce that court order. it does not matter that sale deed is registered or not because registration is not validation of sale. file civil suit and take injunction order on the property and stay order on all sale deeds.