Legal Question in Criminal Law in India

My family we are two members me Shalini daughter and Suresh is my brother and my father Mr. Prakasha.

Now my father and my brother sale a land without informing me for sum one ( 7 years back that time my age was 21 and still I have not yet got married) but I have not signed and its came to my notice now the land was in the name of my father and its grand pa property. Now my question is can I get the land if I raise the case in court


Asked on 12/07/11, 12:52 pm

5 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

No.

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Answered on 12/07/11, 5:41 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, you may file a civil suit for claiming your share out of ancestral property. There are two options:

a) if the left over property is enough to cover your share, you may claim out of that; e.g. if the total value of ancestral property was one hundred, your share comes to twenty five; the value of sold property is fifty; then you may claim your twenty five out of the remaining fifty by seeking a declaration that whatever was sold should be deducted out of their share;

b) if the value of left over property is less value of your share, you may seek cancellation of sale deed.

You may seek further guidance from a local lawyer who may be engaged to pursue your remedies.

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Answered on 12/07/11, 6:20 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you may get your share in the property but not the land

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Answered on 12/08/11, 2:27 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you have a share in the property and you may file a suit for partition and also seek cancellation of sale deed.

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Answered on 12/08/11, 3:23 am
Shrichand Nahar S.V.Nahar, Advocate

Depends on nature of property. Mere inheritance may not make property of joint family.

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Answered on 5/12/12, 3:26 am


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