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Author Topic: Grandfather's Property sold  (Read 600 times)

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Offline saubha

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Grandfather's Property sold
« on: August 17, 2015, 11:51:44 PM »
Hi,

My grandfather relocated from Pakistan during partition and settled in Amritsar. He was eventually allotted a house under Compensation and Rehabilitation act 1954. He has 2 sons and 2 daughters. In 1997, within 10 days of death of my grandmother, my uncle (younger son of my grandfather) got a will executed from my grandfather with a major share in his name. My grandfather was in state of shock and proceeded with the will. The same will was cancelled later in 1997 when my grandfather realised what he had done. Again in 1999 a will was executed (under pressure and we have documentary proofs) in favour of my uncle. Later in 2001, the said property was sold to my uncle by my grandfather. My grandfather passed away in 2005. While we were unaware of these facts all these years. In 2015 July we got to know that my uncle is selling off the property and we immediately filed a suit for partition and injunction. Before the court could issue a stay, the sale deed was executed in favour of a third party, my uncle being the seller.
My Grandfather and my uncle stayed in the same property. My father, being in a transferable job, stayed out of city.

I have the below questions:

1. What is the legal status of this transfer (sale deed executed in 2001 and 2015)

2. Does my father hold any right to be compensated?

3. Is the property legally an Ancestral property?

4. What shall be the legal course of action in the above circumstances.

Thanks in advance.

Saurabh

 

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