A property is in my great grandfather's name for past 70 years. He has 4 sons and 1 daughter. Thos
15-May-2023 (In Property Law)
A property is in my great grandfather's name for past 70 years. He has 4 sons and 1 daughter.
Those four sons(my grand father) have not divided the property among themselves. On Feb 2008, my first grand father's first son made the sale agreement deed with a person(Ramesh) in Rs
10 stamp paper and registered it. This is only Sale Agreement Deed. He absconded after that. None of us saw him.
Now, Ramesh is telling the part of the land(on Road side) belonged to him. My questions are:
Ramesh is having only sale agreement deed. Did he has rights to occupy the property?
As patta is with all of my grandfather's name, how he can occupy the property on road side?
What is the next step, how I can proceed and sell this property which is in my great grandfather's name?
The question is that whether your first grandfather's first son has right to make sale agreement unilaterally. It's undivided share. Until sale deed is registered Ramesh cannot have lawful title. Better to file a civil case for partition of the property and this will save the shares.
give legal notice to all the effective partition agreement is register to court after giving proper legal notice to the proper parties to cancellation of the sale agreement and to have a effective partition among the legal Heirs
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