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Prior Sale Deed

(Querist) 21 May 2016 This query is : Resolved 
Dear Experts
Please clarify my queries are follows as
A sale deed executed by son to another person on15.04.96 subsequently another sale deed executed by mother on 03.01.97 same schedule property. Which one is valid. Mother alleged that her son done a fradulent activity.
Kumar Doab (Expert) 21 May 2016
The owner or person that has rights equal to that of owner can sign the sale deed.


If son was legitimate owner and executed a valid sale deed then it shall prevail.


If mother has alleged fraudulent activity then onus is on her to prove the allegations.


Was mother an owner of the said scheduled property?




Rajendra K Goyal (Expert) 21 May 2016
The sale deed by actual owner of the property would be valid.


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