Ancestral Property

Narayanan sir,

If you buy such property, the monor kids will have every right to challenge the same once they become majors.

Dear, Narayanan u get registered relinquishment from their sons relinquishing their share in favour of the purchaser alongwith their legal heirs, having the clause that their legal representative who at the time of executiion of the said (R.R.D.) are minor shall not challange / ask for their rights emanating from that in favour of the subsequent purchaser. thanks. Bhupender Sharma(Adv.)    

Dear, Narayanan u get registered relinquishment from their sons relinquishing their share in favour of the purchaser alongwith their legal heirs, having the clause that their legal representative who at the time of executiion of the said (R.R.D.) are minor shall not challange / ask for their rights emanating from that in favour of the subsequent purchaser. thanks. Bhupender Sharma(Adv.).

Dear Ms. Suchitra,

Thanks for your reply.

Dear Mr.Bhupender,

Thanks for your valuable reply. Hope this RRD will be signed by the father of minor children. Will this be binding on his children on becoming major? Should i insist on the seller to deposit some amount from the sale proceeds in favor of his minor children?

Regards

Narayanan R

FOLLOW THE ABOVE PROCEEDURE

Dear All,

Thanks for your reply.

Regards

Narayanan

My ancestors have acres of land in my village,my father has two brothers and two sisters,while selling the property ,all the three sons including my father and two daughters signtures are required or not ,my fathers elder brother(elder son of the family) sold some lands without assent of his brothers and sisters.whether the sale deed acceptable. Can we proceed any legal suit against my fathers brother. will it be valid

Edwin, If the property is ancestral,  at the time of selling, it is necessary that all the legal heirs hv to sign the deed.  It includes both sons and daughters, as daughters are also entitled for equal share. As you said, if your uncle has sold property without the consent of other legal heirs, the sale can be challenged in the court of law.  And the purchaser will also dont get a good title over the property if he has not taken consent from other legal heirs.

01.  Father means a person having children (legitimate or not = immaterial)
 

02.  Children derive automatic inheirtance rights under the HSAct, over his ancestors property.
        Children means ancestors children.
 

03.  Father is not "rightful owner" of  "inherited"  ancestors property (legacy)

04.  Father holds ancestors property, only for usage and as a custodian of his ancestors childrens.
 

05.  However   "ANCESTORS CHILDRENS"   have automatic "ownership" of his ancestors property, whether the father likes it or not.  (Subject to various parameters)

06.  HOWEVER,  if there are no Legal Heirs left (as described in "Class", under the HSAct), a person (successor last in-line),  MAY dispose off his ancestral, as he wishes to.

NOW :
07.  IF the father is not the "rightful owner" of his ancestors property, he cannot gift /sell /dispose off the ancestors property.

08.  IF the father is  ONLY a custodian of his ancestral property,  THEN the father is BOUND to pass on the legacy to his ancestors children (i.e. his childrens),  that is his carry-forward custodians.

09.   IT IS IMMATERIAL  IF THE PROPERTY  "BUYER"  PERSON IS HIS OWN SON (ancestors children).   The  simple thing to introspect is  "Ancestors property CANNOT be   "Sold"   to ANYBODY, including his own sons / legal heirs".

FURTHER :
10.  IF a boozed father (seller) somehow hallucinates about the ownership of the property AND MANAGES TO SELL IT,  then he automatically becomes liable for prosecution under various laws, subject to the wishes of his ancestors childrens.

11.  The new owner (buyer)  can be left holding the  so called   "Sale Deed",  which shall be void, as far as the sellers ancestral "property" is concerned.

12.  The new owner (buyer) can file  "TIME-CONSUMING"  prosecution against the seller, under various laws, depending on buyers financial capacity, to recover his money (BUT NOT THE PROPERTY).

13.  The father's children (now call it as ancestors children) can simply sit back and enjoy the show, from inside their own ancestral property (and in some probabilities with the same money which their father has appropriated from the sale proceeds of the said property,  (hic...burrp...)).

HOWEVER, in exceptional cases, under certain circumstances, using various parameters,  a ancestral Custodian (father) MAY dispose off his ancestral properties without anybody's consent

QUESTION OF   "PROPER & REGISTERED   SALE-DEED" :

01.  You may make a  "proper & Registered  sale-deed",  even for Taj-Mahal or for that matter your neigbours flat or anything in India.   BUT that does not give it any legal importance (value),  IF the property does not belong to you.

02.  The state district sub-registrar,  (under the Registration Act)  is  "NOT"  within his jurisdiction to  verify the "rightful ownership or title or possession" of the  property deeds (sale/purchase deeds).   He is concerned with only certain parameters under the Registration Act  AND MORE PRIMARILY TO HIS  "REGISTRATION FEE"  and the respective State-Stamp-Duties).

03.  Under the Contract Act,  a sale deed requires only two persons  i.e.  a Seller and a Buyer.

04.  A sale deed is a piece of paper, duly stamped and registered,  BUT IT DOES NOT GIVE YOU  "RIGHTFUL  OWNERSHIP" .OR.   "TITLE"  .OR.   "POSSESSION",  TILL  APPROPRIATE AUTHORITIES HAVE  "DULY"  TRANSFERRED THE PROPERTY IN YOUR NAME,  THAT TOO   " A F T E R"   FOLLOWING DUE PROCESS OF LAW.

05.  The sub-registrar  is CERTAINLY   "N O T"  the authority to give you  "rightful ownership"  or  "title"  or  "possession"   or   "transfer"   the said properties in your name.

06.  Registering a Sale-Deed,  does not infer upon you ANY rights pertaining to the property,  "TILL"  appropriate authorities have  "duly"  transferred the property in your name,   that too   "AFTER"    following due process of law,  which involves,  transfer fees, clearance of outstandings, clearance of outstanding taxes, statutory NOC's,  indeminity bonds, under-takings and so on.

06.  Till all of the above is duly done,  the Sale-Deed is a scrap of paper,  which can certainly be capitalised at the local channa-singh'wala   OR  can be capitalised with the Dawood'BHAI  Company,  which is typically being done in many chronic property cases, in Mumbai.