Fraudulent sale
Jaganathan
(Querist) 01 December 2012
This query is : Resolved
The seller is a co-parcener of a Hindu Joint family. His father who was also a co-parcener died intestate before 2005. The seller is the only son to his father. The seller has a living son and two daughters through his pre-deceased wife. He has sold the property in 2011, suppressing that he has a living son and 2 daughters. The buyer in this case is a bonafied purchaser for value
1. Now whether the sale effected by the seller is valid or not?
2. Any citations available may be quoted.
3. Any suit by the son and daughters against the seller(father) and buyer maintainable?
adv. rajeev ( rajoo )
(Expert) 01 December 2012
It is not a valid sale, seller could have sell the property to the extent of his share
prabhakar singh
(Expert) 01 December 2012
One can sale only what one owns.
It was the duty of the buyer to ascertain before purchase as to how many owners were there? Buyer can not claim bonafide purchaser for value.
A suit by sons and daughter for their share would maintainable.
However sale is valid to the extent of share of father.
Buyer can claim refund by compensation for
shares sold without right subject to law of limitation where he should prove misrepresentation played by father that he did not have issues.
Raj Kumar Makkad
(Expert) 01 December 2012
Being coparcener, the son and daughters of the seller had=ve also got same share as of their father and thus sale made by their father is invalid and it can be got set aside on their filing of the civil suit for declaration.
M V Gupta
(Expert) 02 December 2012
The HUF continued on the death of the Seller's father, in which the seller and his son are the coparceners and the daughters are members having share in the property. As such the sale deed should have been got signed by the children of the seller also if they are majors. If the children are minors, then their shares can as per law be sold by the Karta of the HUF (i.e., the seller) only for family necessities or benefit. If the sale deed has not been so drafted, the remedy for the buyer is to get the sale deed confirmed by the son and the daughters of the sellers if they are majors ; if they are not majors at present on their attaining majority.
Kiran Kumar
(Expert) 03 December 2012
agree with opinion expressed by Mr. Parbhakar and Mr. Makkad :)
