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What to do in case third party attempts to illegally sell property?


30-Oct-2023 (In Property Law)
My papa had bought a land from X. After my papa death my uncle had claimed for that but my maa fought the case and won. After >30 years of that case, now my mother is also no more. We are 3 brothers and 6 sisters, I am the middle one among the brothers. My maa had distributed the property among 3 brothers verbally and we all have accepted happily, so no paper work was done at that time. My younger bro has all the papers after my mother death and he is refusing to give to any one(to me or elder bro), it seems he is conspiring us. Now that X person's nati (say Y) is also claiming for that land and filed for selling(to any goon). Currently I have below papers: 1. Own portion land tax receipt. But somehow Y also paid the tax of our lands and got the receipt. 2. There is Electric meter connection on my name. I need your advice or suggestion for below to get done. 1 How to get the papers from younger bro for own portion of land? 2 How to stop Y from selling? Thanks in advance!
Answers (2)

Answer #1
620 votes
Dear Client,
firstly you should find certified copy of the decree of the case from the court.
secondly you should file partition suit of the property so, that your brother couldn't take whole property alone.
and one more thing you can give written application to sub registrar and district registrar with all the details of the property like khata no. plot no. etc defining all the facts and deputes for the same.
you write here that somehow Y also paid the tax of our lands and got the receipt, for this you can complain in the office of circle officer in whose jurisdiction your property is situated.

Answer #2
679 votes
There must be a sale deed in favour of your father when he bought the land from 'X'. So there will not be a problem from 'Y' as he can't claim or sale the land in issue. So far as getting paper from your younger brother, file a partition suit.

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