LawRato

What to do when property of deceased father is illegally taken


25-Jun-2023 (In Property Law)
I, Pradip Talukder , son of late Himanshu Talukder,dt.of death 27-6-2005 whose land isof .08 acr.Puspa talukder,wife; Pradip Talukder,son; Jaydev Talukder,son .Sipra talukder, widow o f Dipak Talukder,son and three daughters Sudip Talukder, grandson (son of late D ipak and sipra). One year back Jaydev ,Puspa and one daughter Pratima Das went to O/o Addl. District Subregistrar, Guma, North 24 parganas, west Bengal and got registered .03 acre of land in the name Jyotsna Talukder, wife of Jayev Talukder. Without consent ofall heirs it was done and kept secret . A few days back only it was disclosed my old mother who was misled to go ADSR.. How this is legal. What we will do . jaydev has taken more than his sharein the name of his wife .and front portion , of the land.This transfer has been done by gift from puspa, pratima,jaydev . How without consent of legal heirs it was possible or legal.What I pradip talukder should do. How land in this case should have been distributed.
Answers (3)

Answer #1
787 votes
The transfer of land is not illegal by any means and no consent of legal heirs are required for such transfer. But the transfer of front portion is illegal. You can file a suit for partition and obtain an injunction order and get your share identified. You can get front also. Even if front is registered in the deed.
Answer #2
757 votes
First of all Mr. TALUKDAR I like to on that is you mother is still alive? If yes then we shd cancell her declaration or will or gift deed whatever she made in ADSR .
secondly; we can going for a criminal and civil both legal action against opposite party.
And all the other possible action will taken by us.
Answer #3
812 votes
it is very difficult to frame opinion without going through the papers and records which you are in possession of and the story which you have written if the same is true in that event you may have right to get the deed cancelled by filing a case against the purchaser whose title is absolutely encumbered without the consent of all the legal heirs.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."