Ancestral agricultural land not legally partitioned was sold by my uncle/aunt to 3rd party is valid?
chiranjeevi
(Querist) 09 July 2014
This query is : Resolved
Dear All, My grand father(passed away) has 3 sons. My father is elder one. His last i.e younger brother is drunker and not responsible about his family. we have ancestral agricultural property which is not legally partitioned among the three. In the interest of property protection, a part of land is transferred from my uncle to my aunt(i.e my fathers younger brothers wife). On the later date she have transfer the same land to thirty party.(i.e. purchaser 1)without our knowledge and thereafter transferred to purchaser2.My grand mother,my father & elder uncle together served a legal notice stating that not to purchase land being our ancestral property to both the purchaser 1 & 2 before transfer to purchaser2. Still he purchased after receiving legal notice.
Is this transfer is valid ?
we have legal right in this property ?
kindly give legal advice in this regard
Lawyer SALEEMA KABEER
(Expert) 09 July 2014
It is valid only to the extent of share to be allotted to your uncle. Therefore, the transferee will put into the shoes of your uncle as co-owner of the property.
However, they can not claim any absolute right over the portion mentioned in the said conveyances or sale deeds. On the other hand, the purchaser is entitled to get the share if the partition is effected.
chiranjeevi
(Querist) 10 July 2014
Thank u for ur valuable advice sir. That means in this transfer purchaser is entitled to get 1/3rd of land purchased by him ?
Anirudh
(Expert) 10 July 2014
You say that a portion of the property was transferred by your grand father in the name of your aunt (your father's younger brother's wife).
I think it has been done by Registered Deed.
If that be so, your Aunt is the absolute owner of that piece of land. She has every right to sell or do whatever that she wants. SHE DOES NOT REQUIRE ANYBODY'S PERMISSION. Therefore, your asking her not to sell, or asking the purchasers not to purchase has no meaning.
Your legal notice has no legal meaning at all. The purchasers have rightly ignored it.
chiranjeevi
(Querist) 10 July 2014
Sir, My grand father passed away a long back. It is not transfered by my grand father to my aunt. it is transfered by my uncle to aunt. land is not yet legally partitioned .
Pls advice
T. Kalaiselvan, Advocate
(Expert) 10 July 2014
If the property was not duly partitioned, how will one share holder identify his portion/share in the property?, since it is not possible hence the transfer of that share of property on his wife's name is also illegal and the entire transaction subsequently becomes illegal and invalid. Therefore a partition suit, an application for cancellation of the transacted deed and an application to not to alienate will be a better option under the situation.
chiranjeevi
(Querist) 10 July 2014
Sir, This ancestral property is not legally partitioned but a portion of land is in his name in the land passbook. On that basis he may transfer the land to his wife's name.Now my grand mother and her 2 sons filed a case against this transfer.
Pls advice is this valid transfer ?
Lawyer SALEEMA KABEER
(Expert) 10 July 2014
Simple partition suit by adding all the sharers and the transferee will give absolute solution on the issue.
Lawyer SALEEMA KABEER
(Expert) 10 July 2014
As I already opined, the transfer is valid only to the extent of share of your uncle.
In other words, the transfer is valid only inrespect of the undivided share of your uncle and so the transferee will become co-owner.
Lawyer SALEEMA KABEER
(Expert) 10 July 2014
Though the property was specifically mentioned in the sale deed by boundaries and other information, the said sale deed will not create any independent right over the said portion of the property.
On the other hand, the right of transferee is restricted with the share of your uncle, if it is partitioned.
chiranjeevi
(Querist) 10 July 2014
Dear Kabeer sir,
Am not yet clear about it. As i already said it is not duly partitioned but the part land is in his name in the land pass book. he transfer the land to his wife and there after she transfer to thirty party without our knowledge.
1. Is this valid transfer ?
2. In this property any right for us including to my grand mother ?
Kindly advice and make it clear pls.
P. Venu
(Expert) 11 July 2014
The decisive issue is, how was the land transferred to your aunt and how was it transferred?
bhagwat patil
(Expert) 12 July 2014
The purchaser has got the title of 1/3rd UNDIVIDED share.He cannot claim any part of land in any direction. He has a right in every sq.feet 1/3.
chiranjeevi
(Querist) 12 July 2014
Dear bagawat sir in your advice saying he can't claim any part of land in any direction. And he has a right in every square feet 1/3rd.
Who is he here in the above 2 points
Am not understand the 'he' means who ?
prabhakar singh
(Expert) 12 July 2014
YOUR FATHERS' BROTHER TRANSFERRED(MODE OF TRANSFER UNTOLD) IN HIS WIFE NAME AND HIS WIFE SOLD IT TO A STRANGER PURCHASER ALTHOUGH
PROPERTY, WHICH IS AGRICULTURAL,IS REMAINING JOINT AND HAS NOT BEEN PARTITIONED BETWEEN YOUR FATHER AND HIS BROTHER OR HIS WIFE IS THE FACT STATED BY YOU....................AND YOUR QUESTION IS ABOUT VALIDITY OF TRANSFER.
THE TRANSFERS IF REGISTERED ARE VALID. PARTITION HAS NO BEARING.
PURCHASERS ARE NOW JOINT/CO-OWNERS TO THE EXTENT OF AREA YOUR FATHERS' BROTHER'S WIFE
OWNED IN THE RECORDS OF RIGHT(PASS BOOK).
PURCHASERS CAN CLAIM IT'S PARTITION FROM YOUR FATHER AND UNCLE AND ON REFUSAL CAN FILE SUIT OF PARTITION.
YOUR FATHER OR YOUR UNCLE CAN NOT CLAIM TRANSFER IN VALID ON ANY LEGAL GROUND.
Raj Kumar Makkad
(Expert) 12 July 2014
I do endorse the wise advice of Ld. Mr. Singh.
chiranjeevi
(Querist) 12 July 2014
Mode of transfer is Registered deed from my uncle to aunt
T. Kalaiselvan, Advocate
(Expert) 12 July 2014
Your query has been properly addressed by all experts, for further queries on the subject, you may contact a local lawyer by showing all related papers to him for more opinion.
