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Mahesh Mukadam (None)     18 August 2011

What are my rights

My mother is the only daughter of my grand father. My mother sold propery after my grand fathers death, at that time she signed for my grand mother saying she has the power of attorney. In reality she did not have power of attorney which is not even attached to the sale documents or even registration. Me and my brother were minor at that time. When I did search I found out that this property still on my grand fathers nane. Collector refused to finilised the registration Can I file a suite to claim the property back and to evict the current occupantant?



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 7 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2011

No.

Even if your mother did not have power of attorney, as the legal heir, she can sell the property, after the death of her father.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     19 August 2011

You Can  file  suite to claim the property for ur share. 

Mahesh Mukadam (None)     19 August 2011

Dear Mr. Ramesh.

My Mother sold this property while my grand mother was alive without having her concent or power of attorney. Property si still on my grand fathers name

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     19 August 2011

The property belonged to your grand father.

After his death, your grand mother and your mother are legal heirs. 

Your complaint is that your mother sold the property, without the consent of another legal heir,.ie your grand mother.

Yes, the sale may be voidable in respect of 1/2 share belong to your grand mother. But that ought to have been agitated by your grand mother.

In any case, neither you nor your brother is legal heir to your grand father's property, in the presence of your mother. Therefore you both can claim no right or share in the property. Consequently you cannot file any suit.

Prasan (advocate)     21 August 2011

the said sale can be challenged only by grand mother. you can't challenge the same.

Mahesh Mukadam (None)     21 August 2011

Dear Prasan,

My grand mother is no more alive

Sudhir Kumar, Advocate (Advocate)     03 December 2011

You say that the said deed is not registered by revenue authoritied and what is there for you to challange.You are successor of grandmother. However, your query is vague it does not spell the dates.  It is not cler as to when which event took place. Eviction of ocupant from land is not very easily evne if unauthorised.  The law is posseor freindly. You can sue the buyer as well as your mother. Even if you do not get the property you can atleast get a bad name for suing mother at old age which yu may consider as a prize possession, if you value the property more than your mother. You can even file criminal case on your mother and send her to Jail.


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