The case file by him went against him in 2018 therefore limitation to appeal against the order of sessions court is over. There is no threat from that point. No the property is in the name of grandmother, it has to be mutated in the name of legal heirs of grandfather and then it can be sold to anyone. You uncle cannot interfere in that. You have proof of judgment in your favor.
Selling of property
My grandfather purchased a property 30 years back with his own money.as my grandfather was in army,he gave responsibility to his elder brother for registration of property.my grandfather were 7 brothers.his elder brother made registry in name of all 7 brother but later a mutualaffidavit was signed by 7 brothers that we dont have any share in this property and it is solely purchased by my grandfather.in year 1998 one brother out of 7 for harassment has filed case for the share in property in lower court.he won the case in year 2009,court directed for the 7 share of property.then we move to session court and we won the case in year 2018 and court give judgement in our favor.now we want to sell property,can he stop us from selling the property as he is again bullying us for another case. ALSO when there was no case my grandfather transferred The registry of the house in my grandmother name in year 1994.she is also died.as the case is ongoing in my grandfather name.but registry is in the grandmother name.how can we sell this property.
Asked 4 years ago in Property Law
Religion: Sikh
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13 Answers
If there is no stay order passed property can be sold
2) on grand mother death property would devolve on grand father , your father and his siblings
3) apply for mutation of property in name of legal heirs
Respected sir, My uncle with the son of my other uncles is again bullying and intimadiate us for the another case by the help and support of other uncles son as all my uncles are died except one. Futher,recently the mutation has been done and made in favour of my father and his brother.
Asked 4 years ago
First get all mutation paper transferred on your name and then sell the property. they can't harass you nor stop you selling the property. show them court order and before they take Injunction on selling you can apply for caveat.
Your father and brother can sell the property as there is no stay order passed
no need to bow down to pressure tactics
Try to get Property Caveat from court.
- As per law, after the death of grandmother , the property would be devolved upon her legal heirs .
- Further, if there is no stay order from the court , then your father is entitled to sell the property
- Further, as the said property is in the name of her , then firstly your father should apply for getting mutation in his name.
- Only filing a suit is not enough for the transfer of the property , until there is an stay order from the court.
Dear Sir/Ma'am
After the death of your grandmother, the legal heirs are entitled to the ownership of the property. Since the Sessions Court has already given the judgment in your favor, you have all the rights over the property. After getting the mutation in your favor, you don't need to be afraid of your other uncles as they are only trying to pressurize you for not selling the house. Even if the suit is again filed by them, you have all the proof and evidence of ownership of the said house in your favor, hence, they wouldn't be able to interfere in the sale procedure. Thank You
As i just came to know by my father my uncle had filed two case, first was in his favour as court directed 7 share of property but later session court quash these order,parallely one more case is going on in lower court claiming the 7th share of property only by uncle.all cases are going on my grandfather name but the property is registered in my grandmothers name in 1994 and case started in 1998. Now the thing is,the sons of others uncle too started haraas us as they say they too can file case for share.we are living in this property since 1993.please advice best for how can we sell property as they intimidiate us once in a week.
Asked 4 years ago
If suit for partition is pending in court then you cannot sell the property pending hearing and final disposal of case
Dear sir.
Please note that it is probably not possible for you to sell the property as a case concerning the same property is pending in the court. Thank you.
- As i mentioned above, if there is no stay order passed from the court , then legally you can sell the property.
- However, if the partition suit is pending , then cannot sell the same.
If the property stands registered on yor grandmother's name,, upon her intestate death iot shall devolve on her own legal heirs equally.
Your grandfather can sell the property jointly along with the other legal heirs of your grandmother.
Mutation records are not considered as title documents.
If your uncles are trying to file any case or if they have filed any case in this regard, you may have to challenge their claim as per law in the court alone, especially if they are not ready to come for a compromise or an amicable settlement.
The property lying on your grandmother's name is her own and exclusive proeprty.
Now upon her intestate death it shall devolve equally on all her legal heirs which includes the legal heirs of the deceased legal heir also.
Therefore instead of stretching the issue without any end or meaning, you may better reconcile the difference by a compromise and arrive at an amicable settlement within your family, get the property partitioned as per mutually agreed conditions and then you can get the partition deed registered accordingly to enable you to sell the share of property without any hindrance.