Ancestral property cheating
3 months ago
We are 3 siblings 2 sisters 1 brother. I am the eldest. I am 71 yrs old. In 2014 and 2016 my brother initiated sale of 3 ancestral properties in Bihar without obtaining my NOC and without informing me. In 2021 when I came to know about the sale and questioned him he refused saying he was tricked into signing some papers and he did not receive any money. In 2023 when I was able to get the details of these 3 sales online from Bihar Govt website and sent the details to him and asking if he says no land was sold and no money was exchanged then what does these documents convey. His daughter threatened me saying they will take legal action against me for accusing them of those 3 sales.
I have now to request you to advice me what should I do to get my share.
I have already started the procedure of getting the registered legal deeds from the registrar 's office. And the send a legal notice.
Please tell me how do I go about it. What else can be done by me.
In your situation, as a coparcener of the ancestral property, you may consider taking the following steps to seek justice - 1) Initiate a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the appropriate Civil Court, seeking an injunction under Order 39 Rule 1 & 2 CPC along with Section 151 of CPC, urging the Court to exercise its inherent power for justice. 2) Article 65 of the Limitation Act, 1963 establishes a 12-year time limit for a suit for possession of immovable property based on title, starting when the possession of the defendant becomes adverse to the plaintiff. Given that the sale of the property occurred in 2014 and 2016, your right to sue is not yet barred by limitation. 3) File a partition suit in the Civil Court under Section 54 of CPC, seeking partition of the ancestral property within the 12-year period as per Article 65 of the Limitation Act, 1963. 4) Consider filing a criminal suit for abatement under Sec.107 of IPC and for cheating under Sec.415 of IPC. It is advisable to consult with a knowledgeable property law attorney for guidance and assistance in navigating these legal steps.
Thankyou
In the given situation, you being a coparcener of the said ancestral property may opt for the following steps to access justice in the matter - 1) file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice, 2) Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title by the owner or his/her legal heirs and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. Being the year of sale of the property 2014, 2016, your right to sue is yet to be barred by limitation. 2) A partition suit can be filed in the Civil Court u/s.54 of CPC seeking partition of the ancestral property within 12 years as per Article 65 of the Limitation Act, 1963. 3) additionally a criminal suit for abatement under Sec.107 of IPC and for cheating under Sec.415 of IPC may be filed. Reach out to an Advocate experienced in property matters for guidance and steps.
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