Question:
My grandmother’s property was sold in mid-2020 when I was not yet 18. In my father’s absence, my uncle inherited the property along with my mother, brother, sister, and me. All signatures were collected for the sale except mine. The broker assured my uncle, in front of my brother and my grandmother’s brother, that I would receive my share once I turned 18. Now that I am 18, my uncle says the buyers will not sell back the property, and I have little hope of recovering my money. Can I take legal action?
Answer:
In your situation, you have potential legal avenues to pursue in order to claim your rightful share of the proceeds from the sale of your grandmother’s property. Here are the steps you should consider:
- Legal Standing:
- As a direct descendant of your grandmother, you may have a legal claim to any inheritance, including the proceeds from the sale of her property.
- Since you were a minor when the property was sold, and your signature was not obtained, this could strengthen your case for claiming your share of the sale proceeds.
- Breach of Agreement:
- If there was a verbal agreement or assurance from your uncle and the broker that you would receive your money upon turning 18, this may be considered a breach of contract.
- You should gather any evidence supporting this claim, such as witness testimonies from your brother and your grandmother’s brother who were present during the discussion.
- Consult a Lawyer:
- It’s essential to consult with a lawyer who specializes in property and inheritance law in Bangladesh. They can provide you with tailored advice and help you understand the legal implications of your case.
- A lawyer can also help you gather evidence, prepare your case, and file any necessary legal documents.
- Filing a Lawsuit:
- If negotiations with your uncle do not lead to a satisfactory outcome, you may file a lawsuit against him for your share of the proceeds.
- The lawsuit could involve claims of misrepresentation or unjust enrichment, as you have been promised compensation that has not been fulfilled.
- Statute of Limitations:
- Be mindful of the statute of limitations for property disputes in Bangladesh. It’s advisable to act promptly to ensure you don’t miss any legal deadlines for filing your claim.
- Mediation:
- Before proceeding with litigation, consider mediation as an alternative dispute resolution. This might be less costly and more amicable than going to court, especially since this involves family members.
- Documentation:
- Collect all relevant documents related to the property sale, including any contracts, communication with the broker, and any documentation proving your relationship to your grandmother and her property.