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Uncle sold grandfathers property before partition what can we do
14-Jun-2023 (In Property Law)
Sir, I am Hindu and my grandfather died intestate in March 2013 and grandmother died in 2012. He has two sons and three daughters (All Married and all above the age of 50 years).His children decided to distribute property among themselves after CHOUBARSI of my grandfather. But one of his son sold one part of land (Front part of a khasara no 475.) without asking to anyone with proper paperwork and did registry (sale deed) also before sub registrar. But my father is still cultivating that land. Now he took status quo order with all sisters.Sir, Can we get back that part of the Land.
1st let me know what kind of suit he has filed before the court.I think your father should file a suit for partition before the civil court. he van slso take a restraint ordrr as interim relief of the case.
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Adv. Mubashir Malik
Srinagar | 25+ Answers
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Dear client!!!
I have examined the facts you have posted here for my opinion. Your grand father died intestate, which means that there is no any WILL left by him so under these circumstances, his property will distributed among his legal heirs according to their shares. Since one of the sons sold one part of land without asking others, the instant relief is to file a civil suit challenging the sale & get ad interim stay, which you have already got. Whether you get back that land, depends, how your case is handled by your lawyer and also the intensity to follow your case on your part.
There is nothing, which I can answer about. Since you are already in Court so I suggest you to follow your lawyer consistently to get some results.
I have examined the facts you have posted here for my opinion. Your grand father died intestate, which means that there is no any WILL left by him so under these circumstances, his property will distributed among his legal heirs according to their shares. Since one of the sons sold one part of land without asking others, the instant relief is to file a civil suit challenging the sale & get ad interim stay, which you have already got. Whether you get back that land, depends, how your case is handled by your lawyer and also the intensity to follow your case on your part.
There is nothing, which I can answer about. Since you are already in Court so I suggest you to follow your lawyer consistently to get some results.
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