Legal Question in Wills and Trusts in India

Re: Selling trees from property that has not been settled

First and foremost is that we have to ascertain as to the nature of derivation of title of your grand-father and then we can arrive at a more conclusive opinion and in the interim as their is no partition of the property in metes and bounds, one of the interested parties cannot act unilaterally in respect of the property like cutting trees and hence the other sharers can file a suit for Injunction restraining that person from further acting on the schedule property without the concurrence of other co-owners / Joint owners.

Re: Selling trees from property that has not been settled

Sir,

1) Since there is no WILL the property will bequeath among all siblings of your grandfather by principles of succession, and each siblings will get equal propotante share from the estate of your grandfather, provided there has not been previous partition or family settlement.

2) If the land in which the cutting of trees is done by one of the co-owner(siblings), it has to be ascertained that such land is a estate of your grandfather. Then such action can be called illegal since no consent of other coowners has been taken.

3) Remedy : You can file a suit for partition and mense profit & claim interim injunction or appointment of a court receiver for the management and maintainance of the property of your grandfather till its partitioned.

Re: Selling trees from property that has not been settled

Hi Jibin,

thanks for writing. I want to know whether the other 4 siblings are male or female. Secondly as you want this question alone answered for the time being it is not proper to cut tress without informing you or in consultation with you. I would advise that it is keep that issue of cutting tress low and see that the property is divided abomg the 5 lawfully so that no further complications arise.

Please do mail back if there are any other clarifications. Also do mail us your complete mailing address for our records.

thanks & regards,

Re: Selling trees from property that has not been settled

It is not clear in whose name the property stands, everyone has equal rights and how much is the property sold worth, if it is some small minor amount it is advised not to proceed further, and it is also not clear as who is looking after the land and managing the property, if your who sold the trees if he is managing the land then he has the right to sell if he has invested the money for the growth of the trees. if not everyone has the right to share.

Re: Selling trees from property that has not been settled

Hi Jibin,

Yes, it is illegal to cut trees without the consent from other siblings since each have a right in the same. File a suit for prohibitory injuction against further cutting and removal of trees, along with a prayer for share in the sale proceeds of the trees already sold. Also pray for the appointment of an Advocate Commissioner ( who will report the fact that the trees are freshly cut, to the Court concerned ) For getting compensated, it is your burden to prove that the trees existed, which are now cut and removed... by the sibling concerned. )

It is ideal to get the properties partitioned at the earliest with the help of any impartial mediators of mutual trust. If such an agreement is arrived, it can be converted into the form of an unassailable Court Decree at LOK ADALATH working at the District Court near you. This method is cheap, fast and greatly effective.

If no agreement is possible, file a suit for partition. The first legal measures mentioned in first paragraph can be clubbed with a suit for partition and two suits may not be necessary.

BUT first ascertain whether your grandparents left any WILL ? If so the persons named in that will alone have a right in the property. But, if others challenge it in Court, the will is to be proved. Registered wills can be located easily by enquiring about the same at the Registrar Office in your locality. Unregistered wills are equally valid, but only when the person in whose custody it is, reveals it, it will be known.

If anyone of the siblings die prior to partition, things can get further complicated. So it is better to act fast. Consult a good lawyer, at the earliest.

All the best,

Adv. Ranjith Xavier

Ranjith Law Chambers

Thrissur