SPRakesh SP (others) 11 January 2017

In very difficult situation and need your help/suggestion

Hello,

We are in very difficult situation and need your help to proceed further. Here's the current situation of us :

We are a Hindu family and my grandfather had a self-acquired house in Karnataka in his name. He expired in 1992 and was survived by his wife (my grandmother - G), 2 sons (S1 - my dad, S2) and 2 daughters (D1 and D2). Both the daughters were married before he expired. Since my grandfather did not make any will, after his death, my father S1, uncle S2 and grandmother got the property transferred in their names (the daughters were not involved in any of this).

Later in 2001, as we needed some loan and that bank loans against jointly owned property is difficult to be obtain/process, S1 and G transferred the property to S2 through a sale deed (though no money was exchanged), making S2 the absolute owner of the property (I know this was plain stupidity on the part of S1 for over trusting S2). Then S2 pledged the property while taking the loan (did not mortgage). We i.e. S1 along with his family is still living in this house while S2 is living in a different city. My grandmother G died in 2015 and all was fine until recently when S2 is trying to back-stab us by selling the property to a third party and taking all the money himself. In fact, he has already made a registered sale deed against this property in Sep 2016 although the sale is not yet completed.

Now my questions are :

1) Is there any way for us to save this property from being sold by S2 ? Any legal way to do this ?

2) I think as per Indian law, daughters have equal share in self-acquired property of father irrespective of whether the father was alive in 2005 or not. Can one of the daughters (D1) now file a case asking for her share in the property and stay the sale of this property by S2 ?

3) Can S2 get us (S1) vacated from this house using police force ? Or does he need an eviction order from court ?

3) Is there any legal option available for us to cancel the sale deed which my dad S1 and grandmother G did to S2 for taking bank loan ?

I have contacted a couple of lawyers and have received contradictory suggestions/views...so, any help would be greatly appreciated..

Thanks,

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(Guest)

Originally posted by : SPRakesh SP
	Hello, We are in very difficult situation and need your help to proceed further. Here's the current situation of us : We are a Hindu family and my grandfather had a self-acquired house in Karnataka in his name. He expired in 1992 and was survived by his wife (my grandmother - G), 2 sons (S1 - my dad, S2) and 2 daughters (D1 and D2). Both the daughters were married before he expired. Since my grandfather did not make any will, after his death, my father S1, uncle S2 and grandmother got the property transferred in their names (the daughters were not involved in any of this). Later in 2001, as we needed some loan and that bank loans against jointly owned property is difficult to be obtain/process, S1 and G transferred the property to S2 through a sale deed (though no money was exchanged), making S2 the absolute owner of the property (I know this was plain stupidity on the part of S1 for over trusting S2). Then S2 pledged the property while taking the loan (did not mortgage). We i.e. S1 along with his family is still living in this house while S2 is living in a different city. My grandmother G died in 2015 and all was fine until recently when S2 is trying to back-stab us by selling the property to a third party and taking all the money himself. In fact, he has already made a registered sale deed against this property in Sep 2016 although the sale is not yet completed. Now my questions are : 1) Is there any way for us to save this property from being sold by S2 ? Any legal way to do this ? 2) I think as per Indian law, daughters have equal share in self-acquired property of father irrespective of whether the father was alive in 2005 or not. Can one of the daughters (D1) now file a case asking for her share in the property and stay the sale of this property by S2 ? 3) Can S2 get us (S1) vacated from this house using police force ? Or does he need an eviction order from court ? 3) Is there any legal option available for us to cancel the sale deed which my dad S1 and grandmother G did to S2 for taking bank loan ? I have contacted a couple of lawyers and have received contradictory suggestions/views...so, any help would be greatly appreciated.. Thanks,

When you are confessing yourself about the stupidity of selling such property without consideration and considerable time has elapsed with you people not questioning the same in court of law. He S2 allegedly has already gotten the said property registered also in year 2016 september. Keeping this in mind also you are really stupid to have come out to ask this question now, and I wonder why did not any advocate you contacted suggested to go for stay order regarding sale of such property. You file writ petition regarding this and explain subsequently to court what has happened. And let court decide as to who will be final owners as per law. This of course is no guaranteed way out of this that the said property will be saved.

Legally the property is S2’s and he is at free will to sell such property to whoever he wants.

He can also get you people vacated out of the house legally as he is the owner of the house irrespective of the old story that you have told above.