Registering the property without all legal heirs
Sella Muthu
(Querist) 20 November 2009
This query is : Resolved
Greetings,
My grand mother owned a land. She had three children 1-son (my father) and 2 daughter. While I was in abroad, my aunt son got a certificate from the local village officer saying legal heirs for my grand mother is only two daughter and transferred the land to her wife name after getting the signature from my two aunts without notifying me. How can take legal action. Kindly advise.
Regards
Adv Archana Deshmukh
(Expert) 20 November 2009
Your father can challange the said transfer. File a suit for declaration and partition.
G V S Jagannadha Rao
(Expert) 20 November 2009
Your have not stated the source of the property. I presume the property to have devolved upon her from her father or mother as otherwise your father and aunts would have got equal share as Class I legal heirs of your grandfather.
If your grandmother got the property from her father or mother, the succession would be under Section 15 (2) (a) read with 15 (1) (a) of Hindu Succession Act and the property would devolve upon your father and your two aunts in equal shares. Your father would have 1/3 share in the land.
Your father and in his absence, you can file a partition suit against your aunts or their legal heirs. Since the property now stood transferred to the wife of your cousin, you should file a suit for recovery of possession.
It is however not clear the nature of the document on which your aunts signed to transfer the property in favour of your cousins's wife. Was it a gift or a will or relinquishment or a sale deed. In any event, any such disposition of property is not binding on your father's share.
Sella Muthu
(Querist) 20 November 2009
Dear Sir, the property was purchased in her name (grand mother) by my grand father i.e as if she purchased the property. But she did not write any will and she passed away. My two aunt sold the property to my cousin's wife (Just registration formality). Kindly provide me your comments on my rights.
Regards
Sachin Bhatia
(Expert) 20 November 2009
Your father can challange the sale deed of said transfer. File a civil suit.
Devajyoti Barman
(Expert) 20 November 2009
You can file as suit for declaration of the said deed of transfer as a null and void one and also pray for injunction to maintain satus quo in respect of the property. Once that is done you have to file another suit for partition.
Raj Kumar Makkad
(Expert) 20 November 2009
The opinion of Barman is accurate. File suit and get declaration that the sale deed in favour of the wife of your cousin is null and void and futher that your father is entitled to inherit 1/3 share in inheritance of his mother equally with his 2 sisters. Also get declared null and void the mutation entered only in the name of both the sisters of your father instead of all 3 brothers and sisters in equal share.
adv. rajeev ( rajoo )
(Expert) 21 November 2009
Ur Father will have to file a suit for declaration and injunction as " he is also one of the legal heirs of your grand mother "
OR if the property is of your grand father which is now in the name of ur grand mother , ur father can also file a suit for partition of his share, in this case also he can prove that ur aunts are not only the legal heirs of the grand mother. You father will have to aver in the plaint that the transfer of property in the name of ur aunt son is not binding on him".
Mere transfer of property does not create any tittle over the property because it is compulsory registrable document.
niranjan
(Expert) 21 November 2009
I differ a little.Those who sold also had their shares in the property but they could not have sold the right of questioner who has 1/3rdshare in theproperty,so the document could be void so far that onethird share is concerned.
Sella Muthu
(Querist) 20 December 2009
Thanks for all guidance.
