Can I do anything after the registration
1 month ago
My grandfather didn't gave a land to her brother but her brother claims that. My grandfather gave it to him my grandfather died after that my father and his brother go to. Court about this but they withdraw the case because of financial issues. My grandfather brother also died my father also died my grandfather brother written a will about his assets stating all his assets go to his daughter who is second wife daughter now that. Daughter sold the land which includes house we are not enabled to stop this how can I get my part of land by my own or stop the buyers from taking the house
A.Dear Client,
If a person lacks legal title to a property, any attempt to bequeath it through a will is deemed void and unenforceable under the law. In the case where your grandfather did not transfer the property through gift or will and passed away intestate, all surviving legal heirs are entitled to an equal share in the property. In this scenario, as legal heirs, you have the option to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963. This suit can be presented before the competent Civil Court, seeking an injunction to halt the sale process of the property. This request would be made under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC) along with Section 151 of the CPC, urging the court to exercise its inherent power to ensure justice.
If a person lacks legal title to a property, any attempt to bequeath it through a will is deemed void and unenforceable under the law. In the case where your grandfather did not transfer the property through gift or will and passed away intestate, all surviving legal heirs are entitled to an equal share in the property. In this scenario, as legal heirs, you have the option to file a civil suit for a declaration under Section 34 of the Specific Relief Act, 1963. This suit can be presented before the competent Civil Court, seeking an injunction to halt the sale process of the property. This request would be made under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC) along with Section 151 of the CPC, urging the court to exercise its inherent power to ensure justice.
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A.Dear Client,
A person having no title to the property cannot bequeath that by a will to others and even if such a transfer happens that will be void being infructuous and unenforceable under law. When your grandfather did not bequeath the property either by gift or will and passes away intestate, all the surviving legal heirs are entitled to an equal share in the said property, In the given scenario, you being legal heirs can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction to stall the sale process of the property under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Hence, it is advisable to get in touch with an experienced property lawyer for guidance and suitable steps to access justice in the right way.
A person having no title to the property cannot bequeath that by a will to others and even if such a transfer happens that will be void being infructuous and unenforceable under law. When your grandfather did not bequeath the property either by gift or will and passes away intestate, all the surviving legal heirs are entitled to an equal share in the said property, In the given scenario, you being legal heirs can file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction to stall the sale process of the property under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Hence, it is advisable to get in touch with an experienced property lawyer for guidance and suitable steps to access justice in the right way.
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