How to cancel a sale deed of ancestral property of impersonation
ganeshgaja
(Querist) 05 January 2012
This query is : Resolved
GANGAREVANNA(late) s/o MUNIYAPPA(late)
G.KUMARSWAMY s/o GANGAREVANNA(late)
GANESH s/o G.KUMARSWAMY(1st wife)present (not divorsed)
SHRUTHI d/o G.KUMARSWAMY(2nd wife)prese nt
SIDDAHONNAPPA s/o MUNIYAPPA(late)
RESPECTED SIR,
This is the family tree. I(GANESH) am the son of G.KUMARSWAMY. GANGAREVANNA is GANESH’s GRAND FATHER.There is no partition b/w GANGAREVANNA and SIDDAHONNAPPA. SIDDAHONNAPPA is the younger brother of GANGAREVANNA. G.KUMARSWAMY wife is JAGADAMBA. GANESH is the only son for them. In year 2005 G.KUMARSWAMY and GANGAREVANNA sold the ANCESTRAL PROPERTY which was in the name of GANGAREVANNA. The sold ANCESTRAL PROPERTY was buyed by GANGAREVANNA in 1962 by selling one of the ANCESTRAL PROPERTY in the same year 1962. GANGAREVANNA is not an Employee in a private or public or in government sector. At that Selling time(2005)GANGAREVANNA is 80 years old and my father G.KUMARSWAMY is 48 years old and his son GANESH is 17.9 years old. GANGAREVANNA is not an educated fellow.In that SALEDEED GANGAREVANNA didn’t say SHRUTHI as his GRAND DAUGHTER. Only G.KUMARSWAMY say that the sale deed was made for FUTURE LIFE SECUREMENT AND FOR IMPROVEMENT OF LIFE OF SHRUTHI and G.KUMARSWAMY signed in that SALEDEED as AS BY MINOR GUARDIAN OF SHRUTHI I am signing. This SHRUTHI is the daughter of SWARNAMBA and G.KUMARSWAMY. SWARNAMBA is the 2nd WIFE of G.KUMARSWAMY.. There is no permission given for G.KUMARSWAMY to marry SWARNAMBA from JAGADAMBA. Both G.KUMARSWAMY and JAGADAMBA are govn.employees. Now GANGAREVANNA is passed away. Reasons for GANESH to file a case:
1. Is there any rights for SHRUTHI and SWARNAMBA in ancestral property of G.KUMARSWAMY and GANGAREVANNA?
2. will the SALEDEED made in the name of SHRUTHI without GANESH is valid?
3. Did GANESH has rights over that sold ANCESTRAL PROPERTY ?
4. Will that SALEDEED can be canceled if GANESH challenged it now?
5. What are the procedures to cancel the SALEDEED made by G.KUMARSWAMY and GANGAREVANNA
6. What will be the punishment given to the saled persons?
7. Did GANESH has to be declared in the sale deed made by them?
8. Is there is any specific time period for GANESH to challenge the SALEDEED?
Deepak Nair
(Expert) 05 January 2012
1. Even though the second marriage is not valid, the child in second marriage (Shruti) has right in the ancestral property.
2. Cannot comment unless the document is perused.
3. If the sale deed is made after the birth of Ganesh, then Ganesh definitely has right on the said losd land.
4. Can be challenged if Ganesh can prove his claim.
5. File a suit.
6. No punishment as there is no criminal action.
7. Sorry, i cannot comment since the question is unclear.
8. At the earliest after attaining majority and after learning regarding the sale.
Raj Kumar Makkad
(Expert) 05 January 2012
1. No because the sale was made by G. GANGAREVANNA and the property was self acquired in his hands. Merely using the word as ancestral wont work rather it has to be seen how that property was acquired.
2. Merely mentioning of some one's name in sale-deed is of no consequence and as such sale-deed is valid at least on this account.
3. No. As the property was sold by the person having valid tile over it and who acquired it by way of self earned means, his grand-son has no claim therein.
4. No. There are no chances.
5. Only terms and conditions of the sale-deed may throw some light thereon.
6. saled means seller or purchaser? There is no provision of criminal punishment in such cases.
7. No need to do so.
8. Ganesh has no valid reason to challenge, however, limitation is 3 years of date of knowledge.
