Sale Deed made by 92 year old man with close relatives as wi
Clayton Mendonca
(Querist) 21 February 2010
This query is : Resolved
1) A man had five sons. A Sale Deed was made in 2000, when this man was 92 years old whereby he is selling a plot with house to one of his sons with two of his other sons i.e. very close relatives as the two witnesses. The old man dies at the age of 93 years old in 2001. The market value of the plot at the time of Sale was Rs. 5 lakhs, while the Sale Deed was made for Rs. 1 lakh only.
2) The man had five sons. The remaining two sons were not aware of this Sale.
3) Recently the mother died in 2009 and this is when the remaining two sons came to know of this sale done in 2000. The current market value of the plot and house is Rs. 20 lakhs.
My query is:
1) Can the remaining two brothers now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
ii) He was 92 years old when he made the Sale Deed.
iii) The witnesses are very close relatives.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
v) The three brothers have colluded to disinherit the remaining two brothers of their share in their father's properties.
Thanks in advance.
Clayton M. B.Tech., IIT, Mumbai
A V Vishal
(Expert) 21 February 2010
You have not stated the source of the house, viz. is it self acquired or ancestral, further the religion of the person is unclear, clarify.\
1) Can the remaining two brothers now file a case in Court to declare this Sale as null and void based on the below facts?
i) The man was a totally illiterate person.
Ans. Unless fraud can be proved nothing can be done.
ii) He was 92 years old when he made the Sale Deed.
Ans. There is no bar on age unless the person has medical history or off late because of age cannot execute docs viz. he is not in his senses while executing the sale deed.
iii) The witnesses are very close relatives.
Ans. No bar.
iv) The market value mentioned in the Sale Deed was 20 percent of the actual market value when the Sale was made.
Ans.The government value is important.
N RAMESH.
(Expert) 21 February 2010
If the property was his self earned property, then the father is entitled to sell it to anyone.
*There is no legal bar for a 92 year old, illiterate person to execute the sale deed.
*When, the purchaser is his own son, less consideration will not make the transaction invalid.
* It is also to be noted that other two brothers were witnessed the sale.
The remaining brothers can file a suit challenging the sale, but the burden is heavy on them to prove that they were not aware of the sale so far and that the sale was got executed by fraud or misrepresentation.
Guest
(Expert) 21 February 2010
agree with experts
Clayton Mendonca
(Querist) 21 February 2010
Thanks to A V Vishal, N RAMESH and Ajitabh Acharya.
Following are the clarifications:
1) The old man was a Roman Catholic Christian and the property was self acquired by him in Karnataka.
2) In this registered Sale Deed the description of the house is written as - Plinth area of the building: 100 sq. ft., Roofed area of each such floor: Not applicable, Material of the wall and roof: Stone walls and tiled roof, Seller agreed to sell the Schedule Property to the Purchaser for the mutually agreed consideration of Rs. 1 lakh only which is the current market value of the property in the area.
3)As per the Karnataka Government CVC Valuation Committee document dated 2000, the price of the plot and house would have been valued at Rs. 5 lakhs.
4) The house actually was/is a two floor duplex house with a total floor area of about 1000 sq. ft. (ten times what is declared in the registered Sale Deed) and is built of concrete. This house was built in 1995.
If the 92 year old totally illiterate man was of sound disposing state of mind, how come he did not notice the fact that in the Sale Deed, it is mentioned that:
i) There is a farmhouse made of stone with the plinth area of the building shown as 100 sq. ft. only (when actually the structure is a two-floor concrete building with total area about 1000 sq. ft.).
ii) The current market value is shown as Rs. 1 lakh (when the actual market value on that date was about Rs. 5 lakhs)?
It is very obvious that the old man was duped by his three sons and that this 92-year old man was not of sound disposing state of mind as can be seen from the above facts.
Please let me know the strength of the Court case if a case is filed by the remaining two brothers to declare the Sale Deed as null and void.
Thanks once again in advance.
Clayton
