Ancestral agricultural land dispute
2 years ago
we have 8 acres ancestral lands. My younger brother and his wife registered as sale deed from my mother without my signature in 2019 as my father died long back . Giving legal notice is compulsory ?
With private case in court can we solve in police station with criminal /cheating case? (or) civil case to file? Is there any time years limit to file civil case To get my share ?
SALIL YADAV
Responded 2 years ago
A.Legal notice is not compulsory. You may directly file civil suit for cancelation of sale deed. Limitation of this suit is 3 year.
You may also file criminal case for cheating.
You may also file criminal case for cheating.
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A.Dear Sir,
You just file Civil suit for partition as the limitation is 12 years. You ought not have slept over your rights. You may try.
You just file Civil suit for partition as the limitation is 12 years. You ought not have slept over your rights. You may try.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.First of all until and unless that property devolved in unpartitioned manner for atleast three generations,that property cannot be considered as ancestral and if the property is ancestral then no legal heir/heiress can be deprived from that.
Secondly,if your father has two children then after your father's death his property(ancestral or not) devolved upon your mother,you and your brother,each having undivided one-third share therein. Therefore under no circumstances, your mother is legally entitled to sell your undivided one third share without your signature(or without your Power of attorney).
However before issuing legal notice for Civil and Criminal remedy,it is necessary on your part to apply for the Certified Copy of that Sale Deed to scrutinize the necessary data from that Sale Deed as well as to ascertain the area transferred.
Please take note that only after ascertainment of actual injustice made upon you,the appropriate remedies can be suggested professionally....Sinjari Bandyopadhyaya, Advocate,Kolkata
Secondly,if your father has two children then after your father's death his property(ancestral or not) devolved upon your mother,you and your brother,each having undivided one-third share therein. Therefore under no circumstances, your mother is legally entitled to sell your undivided one third share without your signature(or without your Power of attorney).
However before issuing legal notice for Civil and Criminal remedy,it is necessary on your part to apply for the Certified Copy of that Sale Deed to scrutinize the necessary data from that Sale Deed as well as to ascertain the area transferred.
Please take note that only after ascertainment of actual injustice made upon you,the appropriate remedies can be suggested professionally....Sinjari Bandyopadhyaya, Advocate,Kolkata
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Civil case to get your share and rights.
you can file a case for cheating and fraud if police takes it.
you can file a case for cheating and fraud if police takes it.
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A.Hi,
Initiate a title suit in civil court to establish your rights because your brother has fabricated bogus paperwork to establish his claims on the land. After the title action, the sale deed must be revoked, and you must have your share of the land partitioned in your name. You can file a criminal case if you want.
If you find this answer helpful, please rate my answer. Thank You.
Initiate a title suit in civil court to establish your rights because your brother has fabricated bogus paperwork to establish his claims on the land. After the title action, the sale deed must be revoked, and you must have your share of the land partitioned in your name. You can file a criminal case if you want.
If you find this answer helpful, please rate my answer. Thank You.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can file a suit for partition as well a criminal case against your brother and his wife.
If you find this answer helpful, please rate my answer. Thank You.
You can file a suit for partition as well a criminal case against your brother and his wife.
If you find this answer helpful, please rate my answer. Thank You.
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A.You should file a title suit in the civil court to establish your rights as brother has created false documents to establish his rights on the land. The sale deed has to be cancelled and you have to get the half ( your share) of the land partitioned in your name post the title suit.
Simultaneously you can file a case for cheating and fraud if you want.
Simultaneously you can file a case for cheating and fraud if you want.
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