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Author Topic: Pre-emtion cases against my uncle under WBLR act section 8  (Read 225 times)

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Offline subhasish202

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Pre-emtion cases against my uncle under WBLR act section 8
« on: July 04, 2017, 11:47:41 PM »
Dear All,
I am from West bengal & we are staying in our ancestral house with 4 of my grandfather & their families.
My great grand father  had a will to equally distribute his property with his 4 sons during 1970-75.
To my understanding, the property details (Room –Land ) which needs to be distributed among the sons are missing .So after death of my great grandfather, they  (4 sons) have taken a probate of the whole property  & made a master deed/ Plan  & mutually partitioned the property among 4 sons  & Subsequently the 4 sons means my grandfathers gifted the same to their children & wife & registered the same .
Now one of my grandfather’s son (my uncle ) & his wife (grand mother ) sold their part (ground floor & adjacent land) to a third party without informing us on 25.01.2017. We came to know this situation in june-17  when the third party is preparing to built a partition wall with our land .
My queries are as follows :
1.   Is mutually accepted master deed can be treated as partitioned deed between the 4 sons, means my grandfathers?
2.   Since the daag numbers ,compound are same, can it be sold to third party without information (legal )?
3.   Can we file pre-emption suit under section 8 , since sell deed registered on 25.01.2017 (more than 90 days )   ?
4.   How much time do we have to file the case & what percentage of money to be deposited to court to lodge the case?
5.   If the third party has made the possession in between can we recover our property by pre-emption ? 
6.   What should be the basic content of petition file against my uncle / Third party ?


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