Cousins manipulated father and transferred all land to their name

880 votes

Dear Queriest,

You have to find out first what was the mode of transfer of property from your father to your cousins i.e was it a power of attorney, sale deed, gift deed of relinqusment deed, deed of family settlement or memorandum or oral partition, will (in case your father is no more) executed by your father in favour of your cousins.
You will have to find out whether Partition of ancestral property has taken place amongst your father and other members.

Please note property cannot be transferred without executing registered document before the Sub Registrar unless it is willed and the mere presence of names in 7/12 extract Property Tax Bill etc is not a conclusive proof. Do check the extreme right hand side of 7 12 extract which is the "Other Rights" column to check whether your name appears on it.

You do have a claim in the ancestral property and can file suit for injunction, declaration, partition or legal necessity depending on the circumstances and after finding out how the transfer of property from your father to cousins occured.

Advocate Abhiraaj Sanjeev Kulkarni LawRato

763 votes

If its an ancestral land you can claim. you can send a legal notice and initiate legal actions.
For the house, if it has been purchased by your father with his own hard earned money , he is free to transfer or sell to the person whom he wants to. You can issue a public notice on a safer side cautioning the public at large from dealing with the said land. The said answer totally depends on the facts stated by you herein

LawRato LawRato

814 votes

Before the sale of land is done you can give public notice with that effect that i am also the owner of the land and without my consent no body will have authority to make a deal. As all legal heirs have equal right on it.`

Advocate Bharat Pandirao Pawar LawRato