Sale of ancestral properties which own by joint hindu family
shree
(Querist) 15 December 2012
This query is : Resolved
Dear All,
In below case, please guide for -
In a Joint Hindu family Mr. X is died in 1974 & by virtue of Hindu Succession Act, Mr A & Mr B( son of X)being surviving legal heir & then elders of the family became the holder of the aforesaid ancestral properties as per the revenue records of Govt. of Maharashtra and their names were reflected in the 7/12 extracts.
After some year Mr. A & B sold some property in 2007 by giving power of Attorney to Mr. Y(AGENT) & Mr. Y sold this property to Mr. K & done the sale agreement & paid stamp duty, but 7/12 was not transfer till today. But Now this sale of property was the property is ancestral properties Mr. C age- 25 yrs & Mr D 37 yrs ( son of Mr.A & B) now raise the objection as legal heir of this property. There name is not in any records of property. They don't want to sale this property as they don't have received any Consideration in this sale.
Please confirm as a legal heir they can fight for her right & cancellation of sales transaction as they are living Joint Hindu Family.
Thanks in advance.
Regards,
Shree
Raj Kumar Makkad
(Expert) 15 December 2012
You have not told the original source of that property which was left by x on his death. If the same was his self acquired then C & D have no right to claim therein and the decision of A & B is binding upon them but if the property in the hands of X was ancestral then such sale by A & B is liable to be set aside and in that case, these young persons can file civil suit for the cancellation of sale deed (if registered.
shree
(Querist) 15 December 2012
Dear Sir,
once again thnx.
The said property was own by Mr. X fathers i.e. ancestral.
If possible please send me any "Court judgement or reference related to such story for my study.
Regards,
shree
Raj Kumar Makkad
(Expert) 15 December 2012
Go through the following link wherein there are numerous similar citations are visible:
http://www.indiankanoon.org/doc/695960/
shree
(Querist) 15 December 2012
thnx sir,
pl give any other refer, if do so i will be strong in my study...
Raj Kumar Makkad
(Expert) 15 December 2012
Attend a study class then. I have provided more than 10 cases in above noted link by visiting www.indiankanoon.com
You also go and search as desired.
shree
(Querist) 15 December 2012
ok sir.
thanx once again.
shree
(Querist) 15 December 2012
their is one dought that the young person do not have their name in any revenue records. Then also they do so ?.
Raj Kumar Makkad
(Expert) 15 December 2012
There is no need to have their names in either of the revenue record because the same might be lying in the names of their father rather in their names. This is a matter of common knowledge.
shree
(Querist) 17 December 2012
Dear All,
If Any one is having different opinion other than this, please express.
I will help me better to do my study.
ajay sethi
(Expert) 17 December 2012
you have already been well advised . do some research on your own
Raj Kumar Makkad
(Expert) 18 December 2012
None has come forward as you have already been advised legally.
