A advice required.
A father had four daughters ,the father has passed away,the four daughters have also passed away.
Now there are children of the 4 daughters
A house in Banaras is there as the Gold etc.all have been removed by one child who used to stay along with him during his demise.
the question is can that boy and one daughters children make an illegal sale without consent or knowledge of the others who are based in Delhi.

What steps can be taken to stop the sale of the house in Banaras {Varanasi in U.P.} occupied by the person living there ,a child of the 2nd daughter. more  

View all 6 comments Below 6 comments
It is presumed from the facts narrated that no Will of any kind exists. As an immediate measure, a notice should be sent to all legal heirs warning them against disposing of the immovable property. An appropriate letter should also be sent to the Sub-Registrar. Publication of a notice in some local newspaper should also be resorted to. Thereafter, a suit for division of the property should be filed as early as possible. more  
No one can sell the property in his individual capacity. suit for permanent injunction can be filed for restraining, if any body is trying to sell the property. there are chances for getting value of the gold also from the person who has misappropriated. more  
you can file suilt for declaration for declaring the sale as null and void more  
I agree with above views of Shri Rajesh Kumar. more  
From the facts stated, it appears that the father and his four daughters died intestate and therefore all the grand children has become the legal inheritor of the intestate property left by the their maternal grandfather. First of all, Whatever has been removed (Gold etc.) can not be brought back or restored, as there would not be any proof or record of the same and in the absence of the same the said moveable property can not be partitioned.
Secondly, Being legal heir of the house or any other immoveable or moveable property where record can be produced, a suit for partition can be filed in the court of appropriate jurisdiction by any one of the grand children at Varanasi, seeking injunction against all the legal heirs from disposing of all the properties accounted in any manner. Further the said legal heir who intends to file suit for partition, should also publish a legal notice through a Lawyer in daily newspapers circulated in Varanasi, that any third parties who intends to buy the said immoveable properties on the representation from any other legal heirs, the purchase shall be void abinitio and no party should intend to purchase the said immoveable properties as no one has the absolute & undisputed title and also a suit for partition of the said immoveable properties is being filed or as the case may be.
A similar notice may also be sent to the Sub-Registrar office of that locality where sale deeds get registered and also in the municipal offices.

Thanx more  
Post a Comment

Related Posts

Enter your email & mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

Please select a Circle that you want people to invite to.
Invite to
(Maximum 500 email ids allowed.)