• Ancestral property grab by a few descendants

My grandfather from my mother's side left a sizeable farmland property in rural Karnataka. 
He had many children all of whom are deceased. 
The children of the male descendants are now attempting to obtain exclusive shares in the property claiming that it was the grandfather's intent that only male descendants should have a share. 
They are not cooperating with producing evidence of a will or even the title documents. 
The property has acquired considerable value now and even after breakup among the numerous descendants each would get a large amount of money. 
Some descendants are not even contactable since they have moved abroad.
What options do I have to ensure that I get my legitimate share and to make sure nobody gets a share illegally?
Asked 3 years ago in Property Law
Religion: Christian

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23 Answers

If your mother is living,  she can file a suit for partition and separate possession of her legitimate share out of her deceased father's property divided by metes and bounds. 

If your mother is not living then her legal heirs can file the suit as suggested in the capacity of her successors. 

You can obtain certified copy of the registration documents to proceed with the institution of the partition suit. 

If they rely upon any Will,  let them produce it before court which can be challenged on merits. 

T Kalaiselvan
Advocate, Vellore
87872 Answers
2366 Consultations

You need to first issue legal notice through lawyer and then file partition suit if they are not complying with the same

Prashant Nayak
Advocate, Mumbai
32971 Answers
211 Consultations

File suit for partition for division of property by metes and bounds 

 

seek injunction restraining sale of property by other legal heirs 

Ajay Sethi
Advocate, Mumbai
97671 Answers
7905 Consultations

If your mother is still alive, she may file a suit for the partition of her share of the property that her deceased father owned, which had been divided by metes and bounds.The legal heirs of your mother should file a lawsuit as suggested, if she is not living. If the grandfather died intestate then his shares are equally distributed among legal heirs.

A Will can be challenged on its merits if it is presented to the court.

Ajay N S
Advocate, Ernakulam
4099 Answers
114 Consultations

1. Obtain Encumbrance Certificate for the entire property from the jurisdictional Sub-Registrar's Office, to know the recorded names and transfer of property, charge created by anyone, if any.

2.  Also try to obtain Family Tree from Village Accountant or from any of your known sources, so that no one will be deprived of their individual share.

3.  You can obtain certified copy of the documents pertaining to the property from the jurisdictional Sub-Registrar's Office, which will have the same legal validity as that of original one.

4.  If you anticipate disposal of the property by some selfish people, without bringing it to the notice of genuine legal heirs, you can bring an Injunction order to stop such sale by unscrupulous people.

5.  Also, you can publish a Public Notice regarding the sale of the property by some people by ignoring the genuine rights of others, in English and Kannada newspapers and caution the public not to deal with the property.

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

- As per law after the death of grandfather intestate , his all legal heirs are eligible to get share in the property 

- Further after the death of class 1 heirs , then class 2 can claimed share equally , and not only male members can take the property without giving female legal heirs. 

- You should sent a legal notice to all the descendants who have received the share without taking your consent and ask for you equal share in the property , even they are living abroad.

- Further if no response, then file a suit for Partition and declaration before the court . 

Mohammed Shahzad
Advocate, Delhi
14798 Answers
225 Consultations

Suit is the only option

Yusuf Rampurawala
Advocate, Mumbai
7778 Answers
79 Consultations

Dear Sir,

1. the division of property should be made according to the will produced by the grandfather.

2. in the absence of the will, 


  • As per Section 38, when a person dies intestate leaving behind no child but grandchild or grandchildren, and no descendant through a deceased grandchild, then such property shall dwelve upon equally on all surviving grandchildren.

Thank You!

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

1. You are entitled to get your share along with other share holders.

 

2. You can file a partition suit claiming your share of the said properties.

 

3. Like you all shall have to file the partition suit claiming there shares of the properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

It is both civil and criminal case 

 

2) if land is fraudulently transferred in name of one of male children then case of cheating is made out under section  420 of IPC

 

3) suit has to be filed to set aside fraudulent transfer 

 

4) take search in sub registrar office for any recent transactions in property 

Ajay Sethi
Advocate, Mumbai
97671 Answers
7905 Consultations

Dear Sir/Ma'am

Forging a document like a will is non-bailable offence under Section 467 of the IPC and get the offender arrested for up to 10 years.

As the deceased person's relative, you are entitled to get a copy of the will for the tehsildar's office.

If the will is not present at the Tehsilsar's office, you should engage a senior property lawyer who you can personally trust to take the matter forward.

Thank you

 

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

- If you having proof that the property transferred by them without taking your consent then also your right to claim not vanished. 

- You can approach the court of law for cancelling the said transfer of the property after filing a declaration and partition suit . 

- Further , if they have manipulated any documents , then you can lodge a complaint for the offence of cheating and breach of trust . 

Mohammed Shahzad
Advocate, Delhi
14798 Answers
225 Consultations

1. The aggrieved party can file a lawsuit in civil court seeking the relief of partition and separate possession of their legitimate share,  let the opposite party let in evidence based on the alleged fake or forged documents which can be challenged during trial proceedings as per law. 

Criminal complaint may not be maintainable. 

2. If you feel that you are entitled to some share in the property then the burden is on you to prove title and genuineness of your claim,  by producing substantial documentary evidences to substantiate your claim. 

T Kalaiselvan
Advocate, Vellore
87872 Answers
2366 Consultations

1 yes it will be criminal case too

2. Through the registered documents and whether consent of all legal heirs are taken

Prashant Nayak
Advocate, Mumbai
32971 Answers
211 Consultations

Yes in your aforesaid matter both criminal and civil remedies are applicable. You can claim all the costs before court

Prashant Nayak
Advocate, Mumbai
32971 Answers
211 Consultations

You can file criminal case of cheating , criminal breach of trust against your relatives under section 406, 420 of IPC 

 

2) also file civil suit for setting aside fraudulent transfer and sale of property 

 

3) you will have to serve them with summons abroad 

Ajay Sethi
Advocate, Mumbai
97671 Answers
7905 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97671 Answers
7905 Consultations

The question is about getting the property that you are entitled.

Thus if you are entitled to any share in the property that you pursue now, then you may have to take legal action for retrieving your share in the property by impleading the parties involved in this property.

The court will be concerned only with the relief of your partition and not beyond that.

If you have information and substantial documentary evidences to prove that those people were involved in fraudulent activities involving this property, you may lodge a criminal complaint agaisnt them with the local police.

The police however may not be able to deport or extradite them because this is not a heinous crime that both the countries will involve to deport the accused to this country.

Therefore you may have to confine only to your problem and not beyond that.  

 

T Kalaiselvan
Advocate, Vellore
87872 Answers
2366 Consultations

The question is about getting the property that you are entitled.

Thus if you are entitled to any share in the property that you pursue now, then you may have to take legal action for retrieving your share in the property by impleading the parties involved in this property.

The court will be concerned only with the relief of your partition and not beyond that.

If you have information and substantial documentary evidences to prove that those people were involved in fraudulent activities involving this property, you may lodge a criminal complaint against them with the local police.

The police however may not be able to deport or extradite them because this is not a heinous crime that both the countries will involve to deport the accused to this country.

Therefore you may have to confine only to your problem and not beyond that.  

 

If you feel that you are entitled to some share in the property then the burden is on you to prove title and genuineness of your claim,  by producing substantial documentary evidences to substantiate your claim. 

T Kalaiselvan
Advocate, Vellore
87872 Answers
2366 Consultations

Dear client,

Yes you can sue them and demand your losses but if they already sold the property then it is not sure whether you will get your property back because if the buyer of of that property bought it in good faith then he is entitled to retain ownership.

Thank You.

Anik Miu
Advocate, Bangalore
10435 Answers
121 Consultations

Question 1. The said transaction is not valid. It is a civil case and not a criminal case. You shall have to file a partition suit making the buyer of the property as the necessary party to get the said sale deed cancelled by the Court.

 

Question 2. You shall have to conduct search from the local Registration Office. 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

1. You shall have to give stress on your getting your share of  your inherited property and not on lodging criminal action against them who have fraudulently sold part of the property since the said criminal action will  be taken by the buyer on whom fraud has been committed by illegally selling those shares of the property.

 

2. You are required to file partition suit claiming your share of those properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

  If you file the partition suit, you re expected to get your share of the properties as per Court order based on which you can take possession of your share of the properties. While taking possession of the properties by you, the said buyers will come to know about the fraud committed on them for which they will lodge criminal complaint against the fraudulent sellers.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

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