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I have a query regarding injustice in property issues.
05-Oct-2023 (In Property Law)
Dear Sir/Mam, My grandfather had sold a piece of land which belonged to his name in 2008.My grandfather's younger brother signed on the sale deed as witness and later was given his share.My grandpa' has two sons.my father's share remained unsold till this feb'2017.My mother sold it to somebody else.Now grandfather and his younger brother have united and trying to cheat on us by granfather's younger brother claiming whole land to be his before 1963 survey and that my grandfather had wrongly put his name on it in the survey. and my grandfather is ready to accept the charges in court.My issue is that I will lose my right on that property after this and after the death of my father they are continously trying to cheat on us.Please help.Please guide me how I can save my share in this case. Regards, Nikhil
Dear Sir,
Firstly I want to know that property in issue is ancestral property or self purchased by your Grandfather or any other family member . If the property is ancestral property your right is always safe. And whether partition has been done or not.
If the property is ancestral or purchased by your grandfather's father, you can do something that- collect Khatiyan, sale deed of the property (if any), partition deed (if any), sale deed by which property has been sold, as evidence. If property is self purchased by your grandfather then he is absolute owner of the property and he can sell, will, gift or any arrangement of the property. The right to ancestral property acquire at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Firstly I want to know that property in issue is ancestral property or self purchased by your Grandfather or any other family member . If the property is ancestral property your right is always safe. And whether partition has been done or not.
If the property is ancestral or purchased by your grandfather's father, you can do something that- collect Khatiyan, sale deed of the property (if any), partition deed (if any), sale deed by which property has been sold, as evidence. If property is self purchased by your grandfather then he is absolute owner of the property and he can sell, will, gift or any arrangement of the property. The right to ancestral property acquire at birth unlike other laws of inheritance where right arises upon the death of the the owner.
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Adv. Minu Sinha
Patna | 100+ Answers
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Failed to understand your query. If the property had been sold by your mother then where is the issue. it is better to sit with me or any good lawyer with all relevant papers/documents for just and proper legal advice.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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You can file a title partition suit because but the problem is that it's not an ancestral property. Once you have sold the property through your mother I thinks nothing will happen because if they are claiming any right they will have to go for cancellation of the sale deed
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Adv. Raushan
Patna | 100+ Answers
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