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Ketan sharma   21 January 2024

Disputed property or not?

My uncle has bought a property recently, whose owner was an old lady (mentally unfit) who has four daughters (no son), she lives with one of the daughters name neelu. Neelu has transferred the registry of that property to her name from her mothers name without telling her  three sisters. Now full and final payment has been given to her and the property has been registered on my uncle's name, but intkal has not been transferred. Is it a disputed property now? Her three sisters can claim anything in this property or can haras my uncle in any form? Please help



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 10 Replies

Dr. J C Vashista (Advocate )     21 January 2024

Transfer of mother's property in the name of Neelu, one of four daughters, is invalid, if property is an inherited by mother. In such circumstances, consent of all sisters for sale of their share in favour of Neelu is mandatory.

Whether mother has granted attorney to Neelu, one of the four daughters, who has executed sale deed ?

Person has to be sound mind for appointing an attorney or executing a sale deed. Hence your mother as well as Neelu (on behalf of mother) is incompetent to sell her property.

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Ketan sharma   21 January 2024

Mother has not granted attorney to neelu, it is the transfer of registry that happens in blood relation (exempted to any stam paper), neelu was the right full owner of that property as intkal was updated to neelu's name too. Neelu has sold that property to my uncles, she had executed the sale deed now that property has been registered on my uncles name but we are waiting for the intkal to be updated to my uncles name too.. Plz help

T. Kalaiselvan, Advocate (Advocate)     21 January 2024

If the original owner was mentally unfit at the time this property was transferred to one of her daughters name, then that transfer is illegal and invalid.

But the person who objects this has to produce the documentary evidences to prove that the owner was mentally unfit. 

if proved then the subsequent sale by the seller would also be vitiated. 

The claimant can file a suit for partition to claim her share in the property as a right provided the original owner is not alive 

Ketan sharma   21 January 2024

It can haras us by any mean or we will not be a part it?

As the seller is at fault but how the buyer will know that why the property is transferred to the daughter

And if once intkal is updated to my uncles name still we will be a part of it? Plz reply

T. Kalaiselvan, Advocate (Advocate)     21 January 2024

Any further and proper opinion can be rendered only after perusing the relevant papers or documents.

You may better discuss with a local lawyer and take decision accordingly.

Real Soul.... (LEGAL)     22 January 2024

IF the property was owned by Lady and the transfer was done through legal process then her daughater can sold the property but if the lady will be proven as mentally unfit to act for herself then the resgistry can be challenged by her daughters 

Dr. J C Vashista (Advocate )     23 January 2024

Prima faice your purchase transaction is invalid and illegal, as could be made out from the facts posted by you.

Show relevant documents to a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

 

Ketan sharma   26 January 2024

What can we do so that we dont suffer? 

Dr. J C Vashista (Advocate )     28 January 2024

Contact and cosult a local prudent lawyer for better appreciation of facts/ documents and professional advise.

T. Kalaiselvan, Advocate (Advocate)     29 January 2024

You can challenge the case filed, if any, by the aggrieved person in this regard through a lawyer in the local


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