Advocate Monojit Dutta

Questions Answered by Advocate Monojit Dutta

Q: Forcefully removing legal heirs from a jointly owned property

A portion of a joint property consist of land & building at Kolkata is presently occupied by one of its legal heirs who has been the resident there since his birth. Is it legally possible to remove/up-route him without his consent and give the property for promoting by other legal heirs having majority? Rest of the portion of the property (building & land) is lying free and vacant which may be occupied and used by other legal heirs if they wish as they previously used to do but they want to give it to promoters by forcibly removing the present legal resident. Religion : Hindu

Advocate Monojit Dutta answered
No body can remove a legal heir from a property which he is legally possessing. If any force is applied, he can knock the door of the court and if it is urgent then he can file 144 before executive magistrate of local jurisdiction to get quick redressal.

Q: Can married daughter claim her share in father's property?

We are Hindu and four brothers and one sister. Father has died in the year 1998.Sister's marriage done before father's death.An agriculture land which was maintained and cultivated by four brothers since father's death.Our mother passed away in the year 2006. One purchaser came to buy the said land. Our married sister demands one-fifths of the sales proceeds.Does she claim her equal share?

Advocate Monojit Dutta answered
Yes your sister can claim the property as the Hindu succession act (amended) 2005 has given equal right to every one to get their parents or father's property, her demand is justified and legal, she is legally entitled to get her 1/5 th share of your father's property.

Q: Property sold by parents when they were ill, can I claim it now ?

My deceased father who was diagnosed with schizophrenia in 2011 signed his share of property to his brother and step brothers. My mother too signed on this dad. She too was being treated for schizophrenia. I was 16 at the time and my sister 11. No consent was taken from us. The document that they signed read that my father was giving away all the property that he had in the given area to his brother and step brothers in exchange of Rs150000 which was very less than the value of the property at that time. At present I searched the land records of west bengal for the above mentioned land. My father committed suicide in 2013. It is still recorded in the name of my grandfather. Do I still inherit the land after my father's death and if not then what is the legal procedure to get this land back as the parties who consented to the sale of this land are both mentally ill.

Advocate Monojit Dutta answered
You have to file a civil suit before the court for cancelation of the deed and declearation of title and if you have no possession over the property then you also have to pray for specific possession over the plot of land, but cancelation is only possible if you would be able to prove that any illegal steps had been taken during the execution of the deed.

Q: Procedure to claim share in father's property on selling it off.

My father and mother wants to sell his home which is his own name but given nothing to me.Is this possible.

Advocate Monojit Dutta answered
Yes they can sell their own property without giving you, they have their own specific right to sell the same, if they do not want to give you the same you can not do anything. You only can appeal to them for some share of it.

Q: Legal Heirs not ready to sell the ancestral property

We are 3 Successors of an Ancestral property. 2 of 3 Successors willing to sell the property. Other Successor not willing (reasons not spelt out) and hence, probably will not sign any papers. Is there any WAY to sell the property and distribute the proceedings (1/3rd.) to each Successor. Mutation not done. Original Deed with unwilling Successor.

Advocate Monojit Dutta answered
First of all it is necessary to make the partition of the property through registered deeds, if it is not possible mutually then you have to knock the door of the court and have to file a suit for partition, after execution of the the same u can procced for the sale of the property.