Will my mother get back the property since she has not signed in the registered deed what is legal
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
My father has registered his property of 3 acres to his friend which has come from his grandfather without the knowledge of my mother and children who were minors then, Now all of us are majors and when my mother wants to sell this property we came to know that my father has registered this to his friends family and they have not informed my mother even after 20 years and she was under the impression that this property belongs to us.
Can we file a suit in the court of law because my mother has not signed since she is daughter-in-law and we children are all majors now. Will it be of some use or not or should we keep quite because my father has registered this property to them.
Please advice should we proeed legal since the property is still vacant and being family firedns for more than 43 years even a single day it has not come to my mothers notice that the property has been registered in his friends name were has the freind has died and their children claim it is their property what should we do now.
ajay sethi
(Expert) 27 September 2011
did your father sell the property to his friend?
or was it by deed of gift?
was any consideration received by your father?
did your grandfather bequeath property to your father by a will ?
was it your garndfather ancestral property?
R.Ramachandran
(Expert) 27 September 2011
Mr. Sethi has put very pertinent questions. Please give answers so that you can get appropriate answer to your query.
You say, that the property "has come to our father from his grandfather". Are you sure - whether it came from your father's father (i.e. your grand father) or your father's grand father (i.e. your great grand father).
Unless it was through Gift or WILL, the property could not have come to your father from his Grand Father. Please check up and confirm.
Assuming that the property has come from your grand father to your father, whether the property was self-earned property of your grand father or your grand father received it from his father?
When did your grand father die?
When did your father die?
Have you checked up in the Records, as to in whose name the property now stands?
Guest
(Expert) 27 September 2011
Agree with both the experts.
Querist :
Anonymous
(Querist) 27 September 2011
this property came to my father from his grandfather since my fathers both parents died at an age of 10 and he and his sister were unde the care of grandfather. His grandfather property is slef earned and after his grand father death my father got this from partition deed from his grandfather.
Then he has sold this to his friend and my father is still alive. The person who purchased this land is no more and dead.
R.Ramachandran
(Expert) 27 September 2011
Dear Anonymous,
Now you have to tell how many children your father has - son(s) and daughter(s).
You also have to indicate when did your father sell the property?
In which State the property is situate?
Querist :
Anonymous
(Querist) 27 September 2011
we are two sons and two daughters is my father. the property is in bangalore, karnataka. It is in the year 1978 my father has sold this to his close friend without anybody knowledge even to my mother and his friend
jitender pawaria
(Expert) 27 September 2011
Mr. Anonymous according to you, your property in hands of your father is ancestral property and your father can not alienate in any manner such property except ...
Act of good management for example if your father purchased more land with the sale consideration and second thing is legal necessasty if this two thing proved by your father then you can`t claim in ancestral property.
Most important thing is that who possess present suit property. LR`s of buyer or you plz tell us.
R.Ramachandran
(Expert) 27 September 2011
Since the property is "ancestral", your father could not have sold it to the detriment of the interests of the minor sons. Your mother has no claim over the ancestral property.
If at all, it is only the sons who can file a suit against alienation of the ancestral property. You have to make your father and the purchasers (through their legal representatives) a party.
(At best your father can plead legal necessity. It is not clear whether your father is with you or estranged.)
ajay sethi
(Expert) 27 September 2011
your father is still alive . property has been sold more than 20 years back by your father . your father has received full consideration for the same .
your mother has no claim over said property . at best your brothers can claim
prabhakar singh
(Expert) 27 September 2011
20011-1978=33 years have already passed to the sale.
SUIT SUGGESTED BY EXPERTS CAN BE FILED ONLY IF ANY ONE OF YOU HAVE JUST ATTAINED MAJORITY
IN LAST THREE YEARS,ELSE THOUGH RIGHT IS THERE BUT REMEDY IS BARRED BY TIME.
LIMITATION BEING 3 YEARS FROM THE DATE OF KNOWLEDGE OF THE SALE FROM THE DATE OF ATTAINING THE MAJORITY.
