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koteshwar (Individual)     24 April 2012

Ownership when will is registered, then person is missing!

Hi,

Seeking your advice, thanks in advance.

 

Past Story:

We are Hindu family. My grandfather registered partition document for his elder married son (my father) (say, S1), then registered a Will in 1981 for his younger minor son (say, S2) and soon expired. He stated in Will that my grandmother is guardian to minor son(S2), can enjoy income from property, but doesn’t have rights to sell/donate; and she should handover property once he becomes major.

After 2yrs of grandfather’s expiry, S2 is missing as a minor. After 7yrs of that, my grandmother sold 2 houses (some part was inherited from his father) to outside parties (grandmother, 3 daughters signed on deeds. But 4th daughter (say, D4) did not sign, but took money offline).

Now, my grandmother alone sold remaining house (own earning of my grandfather) to me 3 months ago and soon expired.

 

Current Questions:

1)      Is my grandmother sole owner of the property prior to sale? Or grandmother, daughters, son (S1) together are combined owners prior to sale?

2)      D4 is threatening me that they will file a case & asking to cancel registration, share it to all of them. Other 3 daughters are also seeking share. What should I do?

3)      In my sale deed, Will and missing son were not mentioned. But mentioned that my grandmother acquired property from the arrangements prior to 1986 in family. Is it incorrect document? What to do? (house tax is on my grandfather’s name till now).

4)      In earlier deeds to others, she mentioned about Will, missing son. Is it right documentation & right sale?

5)      Do the first 2 sales to outside parties have legality as some part of property was inherited to grandfather from his father? I hope such inherited property should come to all grandchildren.

6)      Can I raise objection on earlier sales (happened 12 years ago)? I hear no objection is entertained after 12yrs of registered sale deed. Is it true?



Learning

 4 Replies

Gopikrishna Kalyanam (Lawyer)     21 June 2012

Dear Koteshwar,

You dont have to share with the Ds. You mention that you purchased the house from the grandmother. What would be the age of S2 if he comes back now? 

Best Wishes

koteshwar (Individual)     01 July 2012

Hi Gopikrishna,

Thanks for your reply. Please suggest me further. I missed reading your reply, hence my late reply.

If S2 comes back, his age would be 43 approximately.

Gopikrishna Kalyanam (Lawyer)     01 July 2012

Dear Sri.Koteshwar,

Greetings. There may be a limitation to any possible claim of S2 to set aside the sale. Moreover, as you have purchased the house for good consideration, any claim that S2 may have can be for the sale consideration, against your grandmother who sold the property. From what you have stated, I am of the opinion that you are in good stand. Please ensure that you have mutation of your name in all the records at the earliest, if you have not already done, and maintain all receipts for taxes and charges paid by you in your name, with respect to the property.

Best Wishes

koteshwar (Individual)     10 July 2012

Thank you Gopikrishna for your valueble suggesions.


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