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.
NOW
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

    • Advocate help required in NCDRC against builder jaypee.

      Advocate required for fighting case in NCDRC against jaypee builder on behalf of association for a very clear case of deficiency in service and extortion in the name of maintenance charges. We have...

      By Pravesh Saini
      /
    • Re registration of 15+ years old vehicles

      What is the legal position on re registration of more than 15 years old vehicles. Is it compulsory to re register the vehicle after 15 years in case there is no plan to use it? If the veh...

      By Mustafa P V
      /
    • Legal Advice on Property BuyBack Agreement & Mou

      Hi, Would anyone here will be able to help with the draft or guidance on property buyback agreement & mou offered by a real estate developer to an investor. Thanks

      By Anonymous Circle member
      /
    • Advice needed

      There is one apartment having 5 flat owners . Out of 5 , three flat owners have occupied their flats . Recently , One flat owner on first floor might have given his flat on Rent to three boys as th...

      By Mahen Patle
      /
    • Section IIC in supreme court of India

      Respected members, i have made a complaint to Supreme Court of India and this complaint is forwarded to section IIC. Can anybody explain the meaning of forward complaint to section IIC. W...

      By Iqbal Singh
      /
    • How can I get judgement date from CDRF Shalimar Bagh.

      Plzz suggest me that what is to be done to get judgement from CDRF, Shalimar Bagh, Delhi as after submitting written arguments in January 2017, I am getting only date and dates for oral arguments....

      By ARVIND JAIN
      /
    • Delhi school admission for 11th grade for a student passed 10th in open schooling

      Dear friends, Wanted to check whether a person who passed 10th grade through open schooling system can take the regular schooling admission for 11th in delhi government school. 2. If a person...

      By Anuradha Bhatta
      /
    • SELLING SECOND HAND VEHICLES

      What precautions are advised for me at the time of selling my old vehicle?. It appears that name change with RTO takes a longer time and in the meanwhile should there be a misuse of the vehicle. Wh...

      By VIJAYKUMAR N
      /
    • seek protection against a lawyer who controls District court , High court , police, local govt admin

      This is very serious case where a widow of Kargil war veteran, Ex-Teacher got continues harassment, beaten, tortured, threatened, abused and was falsely implicated in various sections 307,324,341,4...

      By Inder Negi
      /
    • New Housing Society's Mafia action

      Hi, I have a shop in Mumbai in a new building which after quite a long period of time could manage to form the Society. However, without forming Society the Adhoc committee had been charging the ma...

      By SUBHASH CHAURASIA
      /
    • Are we ready to face rains in Delhi

      There's illegal structures everywhere and no solutions in sight Sealing process is slow due to less manpower and more opposition from leaders who oppose because opposition has to speak against...

      By Dr. Neelam Nath
      /
Share To
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.)