File suit seek orders to set aside transfer of property in son name
2) seek injunction restraining sale of property
3) you need to contact local lawyer to obtain certified copy of case papers
Joint property dispute
Grandfather's property. Grandfather had 4 sons. Without consent one of the sons has transferred substantial portion of the property to his name. On Checking Bhulekh.com I could verify land transfer under various mis. case Questions =========== 1. I want to evaluate the possible options available 2. Is there a way to inform Tehsildar/Revenue office of the ongoing frauds and prevent further transactions on Grandfather's property. 3. I am looking for an advocate to help get the Certified copy of the Mis. Case(Sakhigopal,Puri,Odisha) and consultations. Let me know if anyone can help.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Firstly you have not stated whether your grandfather is living or is no more.
If your grandfather is living then he can give a complaint to the concerned revenue department about this fraudulent act and request to cancel the transfer made by his son.\
If your grandfather is not living then the other legal heirs of yor grandfather can submit an application as said above.
After that they may file a partition suit seeking division of property equally among all the legal heirs of your grandfather with separate possession and also file an injunction application seeking to restrain your uncle from alienating or encumbering the property ion any manner till the disposal of main suit for partition.
Thank you Sir. As the culprit has filed a mis. case based on which he transferred the possession - My basic question is what is a mis. case and when is it typically filed. - During change of ownership via mis. case is there no verification done from the Court side before awarding the claimant with the possession ?
Asked 4 years ago
It is necessary to peruse misc case filed , reliefs claimed to advice
2) court passes order after perusing the case papers , documents annexed to plaint and after hearing both parties
There is no such thing that a property can be transferred from one individual to another by filing a miscellaneous case, hence you first ascertain the details through a local advocate and find out what case he has filed, who he had impleaded as opposite party to the case and what is the modus operandi to transfer the possession of the property to him from the original owner.
Without the requisite details it may not be possible to render a proper opinion to your query
1. It is to be found out as to through which document your one uncle has transferred the title of substantial portion of your deceased Grandfather's property who died intestate.
2. Conduct a survey with the concerned Registrar's office to identify the deeds/Court orders based on which such transfer of title has taken place.
3. In case you find any irregularity in those documents/deeds, you can lodge a police complaint and then file a partition suit claiming your father's share on your grandfather's properties who died intestate.
1. Title of the property is transferred by registering deed of conveyance or based on Court order.
2. After making Registry Search, you will understand the real picture.
3. File a partition suit as suggested in my earlier post.