Property sold without Notice
Querist :
Anonymous
(Querist) 20 May 2011
This query is : Resolved
Hi,
My query is related to as follows,
A quick look at the actors in this
1.Grand Father
2.Grand Mother
3. 3 Sons(a,b,c)and 1Daughter(d) {"a" being the oldest among the four and "d" being the youngest among the four}
4. I am the son of "c"
My GrandFather bought a piece of land in on his name and used my Grandmother's name in General Power of Attorney. My Grandfather Died 10 years ago and since then that land was not used and no legal action was taken in creating papers of the right owner of that land and my Grandfather had no will to state the distribution of assets.
6-8 months back "b" in consent with my grandmother sold that property at premium price {30(White legally shown) :70(Black )}.No other sibling (a,c,d) was ever informed about the sale of the property.
So the Queries are as follows
1. Is my grandmother allowed to sell the property that was in the name of my Grandfather after his demise?
2. Can the selling of property can be carried out by one of the sons and no other being noticed about it.
3. As now 6-8 months have passed can any legal action be taken against it so that all get equal share.
4. How can we legally claim the 70% black money of that property.
5. If the money that is earned by selling of that property is exhausted by "b" what are the legal steps that can be taken by us?
6. Can "b's” private property be attacked so as to get the share of the money that is exhausted.
Thanks
R.Ramachandran
(Expert) 20 May 2011
It is not clear. You say that your grand father purchased a property. (Do you mean to say that the property is in his name?).
You also say that he used my Grandmother's name in General Power of Attorney. What does this mean? First clear these two points, before any one can give any answer to your queries.
Querist :
Anonymous
(Querist) 20 May 2011
the answers are as follows
1.Yes the property was in the name of my grandfather.
2.IT means that Grandmother was given power of Attorney (now there is a doubt here that if she was a caretaker of that property or she is a the owner of that property after grand father' demise )
R.Ramachandran
(Expert) 20 May 2011
Power of Attorney was given for what purpose? If that power of attorney was given by your grand father, then that GPA has no value now since the GPA loses its value and effect after the person who granted the GPA dies.
If the property was in the name of your grand father, then after his death, the same will go in EQUAL share to all his legal heirs i.e. his wife (your grandmother) and his 3 son(s) and 1 daughter. The property could not have been sold without the consent and signature of all the legal heirs.
You have to challenge the Sale Deed; and you have to seek partition of the property, for this you have to consult a lawyer and take things forward.
Querist :
Anonymous
(Querist) 20 May 2011
Hi,
thank for the reply and please throw some light on question from 3-6.
A quick question on Law
Does the law states that after the demise of the husband the property of husband (which in the name of the husband) goes automatically to his wife and does his wife has the right to sell that property without any notice to anyone ?
R.Ramachandran
(Expert) 20 May 2011
No. No such law that upon death of the husband, the property in the name of the husband would automatically go to his surviving wife. If the husband has left a WILL in favour of his wife, that is a different matter.
Otherwise, after the death of a person, who has not left any WILL, his property will go by way of inheritance in EQUAL share to all his legal heirs.
Querist :
Anonymous
(Querist) 23 May 2011
Thank you Mr. R .Ramachandran for throwing inetial right in this matter.
i would surely post again on this website if i am unsure/in doubt.
Thanks again for prompt reply
M/s. Y-not legal services
(Expert) 22 May 2011
