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What to do if my uncle sold a land which was on my fathers name
20-Jun-2023 (In Property Law)
My grandfather acquired a land from my grandma side at the time of marriage and then it was named after him. He died of cancer in 1999 without leaving a will.thereafter my grandma wrote a will in the name of my father for that piece of land and rejected to give an inch to my uncle. Now my uncle has sold half of that land to somebody without concentrate of my father. Is he legally correct and what action should I take to stop him.
Your grandmother wrote will in favour of your father. Now your father can file application for probate of that will, before District judge.. In this application it can be mentioned all about this illegal transfer, making the transferee party as well. The court will consider all the aspects .
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Adv. Prem Singh
Patna | 200+ Answers
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Land in issue is in which name? Your grand mothers or your grand father's name. If the same is in favour of your grand mother's name then there will be no issue. But if it is under your grand father's name then there will be issue.
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Adv. Kumar Abhimanyu Pratap
Patna | 400+ Answers
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Will of your grandmother needs to be Probated first. After only Probate Grant by Competent Court, your father can get your grandmother's share in the property.
Please note that after demise of your grandfather, your father, your uncle and your grandmother had equal share in the property. After Probate, your father will have two third share in the property. Hence, your uncle was entitled to one third share in the property.
As your uncle had sold out half of the property, you can file Title Suit to get the same cancelled. You will have file Probate Case too simultaneously.
Please note that after demise of your grandfather, your father, your uncle and your grandmother had equal share in the property. After Probate, your father will have two third share in the property. Hence, your uncle was entitled to one third share in the property.
As your uncle had sold out half of the property, you can file Title Suit to get the same cancelled. You will have file Probate Case too simultaneously.
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Adv. Reshma Prasad
Ranchi | 25+ Answers
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