How can we claim share in the property as no agreed to the same sale?


My grandfather had a property. After his death my eldest tauji made a sale deed and sold the property to his wife (taiji). No other taujis agreed to it or signed the same.

Now my cousins are in possession of the property and are not willing to divide saying that it is in their mother’s (taiji’s) name. How can we claim share in the property as no agreed to the same sale?

Answer

If it’s an ancestral property then all legal heirs have equal rights over the property. If it is a self-acquired property and your grandfather died without a Will. In such case also, all legal heirs shall have equal rights in the property.

You should send a legal notice and thereafter you will have to challenge the validity of the sale deed thereby seeking cancellation of sale deed along with consequential relief of possession.


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