Uncle refuses to give us our share

sir yesterday my elder uncle sell the paternal property (land) whose owner is my father and uncle both but after doing registry he deny to give us any money , is there any provision for getting back that piece of land plz help us

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Since, the property is co-owned by your uncle and your father, both enjoy certain share over the property and one person alone cannot take decisions regarding the entire property. Your uncle cannot legally sell the property and additionally deny the adequate share to your father. You can take two steps to protect your father’s share of the property:

  1. You can directly challenge the sale deed made by your uncle by filing a civil suit under S. 31 of the Special Relief Act, 1963[1]. As per this provision, you have the right to sue for cancellation of the contract, as you’ll be caused economic damage or injury if the sale contract is executed. 
  2. You can also approach the Collector or any gazetted subordinate of the Collector for a partition suit under S. 54 of Civil Procedure Code, 1908[2], which provides for separation of the share of an undivided estate. This way you can secure your father’s share of the property from any such interference by your uncle or any third party for the matter.

 

 


[1] Available at: https://indiankanoon.org/doc/1279464/

[2]Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/54.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Partition%20of%20estate%20or%20separation%20of%20share

Answered on August 31, 2016.
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