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Author Topic: Property sold without concent of legal heirs  (Read 439 times)

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Offline Amankumar

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Property sold without concent of legal heirs
« on: May 10, 2016, 11:41:40 PM »
Hi , there is a property in the name of my fathers brother and my grand mother , my cousin put his and his mothers name after his fathers death , my grandmothers name still being there , now they sold the property without our consent , we had given a paper notice stating i have a right in the property but still after a while they sold it our names were not there on the 7/12extract . What can i do ? Can i claim it ? What is the procedure ? Please advice and help .

Offline advjaibansal

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Re: Property sold without concent of legal heirs
« Reply #1 on: May 11, 2016, 12:09:14 AM »
Dear Sir,

Please file a suit for declaration along with partition. In declaration, you need to seek to declare the said sale as null and void as they were not having any right to sale the said property. Once the sale will be declared null and void by the court, your right of partition will follow.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Property sold without concent of legal heirs
« Reply #2 on: May 14, 2016, 09:23:53 PM »
You have to challenge the Deed of Sale as well as file a case of Pre-emption under the partition act for selling out joint property to third party without any notice. Your case will succeed. But you have to pay huge court fee.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Property sold without concent of legal heirs
« Reply #3 on: May 17, 2016, 08:12:39 AM »
No court fee on declaration as there is fixed court fee on declaratory suit. For suit for partition only with respect to your share in the property. If you wish to take the rose be ready for the thorns. Pay the court fee, which will be nominal and am certain that looking after the benefit you will be getting, you can easily pay for the same.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Heena68

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Re: Property sold without concent of legal heirs
« Reply #4 on: May 17, 2016, 09:46:49 AM »
Who bought this property? Why wasn't the property in your dad's name as well? And which year was the property changed to your cousin and aunt's name?if your paternal uncle bought this property on his name and his mother's(your grand mother),his family can prove it in the court.
« Last Edit: May 17, 2016, 09:49:24 AM by Heena68 »

 

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