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naagaraj2007 (son)     14 June 2010

Treanfer of property

My grand parents had no issued. My grand parents adopted my father (from her sister.). My grand father gifted a property to my grand mother.

My grand mother expired on 1958 and my grand father expired during 1959. During 1972 my father sold a portion of property to someone. During 1979 again he sold small portion ie., 10 x 16 size property. During 1991 again he sold a portion of the property. For all the above transactions none of has singed the sale agreements.  We have filed the suit in the court saying it is joint family property. Please give me the high court citations also whereever necessary.

Please let me know the the rights of adopted son - natural sons property rights which inherited by mother.



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 4 Replies

naagaraj2007 (son)     14 June 2010

My grand parents had no issued. My grand parents adopted my father (from her sister.). My grand father gifted a property to my grand mother.

My grand mother expired on 1958 and my grand father expired during 1959. During 1972 my father sold a portion of property to someone. During 1979 again he sold small portion ie., 10 x 16 size property. During 1991 again he sold a portion of the property. For all the above transactions none of has singed the sale agreements.  We have filed the suit in the court saying it is joint family property. Please give me the high court citations also whereever necessary.

Please let me know the the rights of adopted son - natural sons property rights which inherited from grand mother.

Ashok Yadav (Lawyer)     14 June 2010

Adopted son has equal right to a natural son. He will inherit the property of his adoptive father/mother and his rights in his natural family shall cease.

Your query is not clear wht u want to know and wht happend.

If the property is sold without any written agreement/sale deed then its not a legal transfer of property and the person who has purchased the property without execution of any document, can not claim over the property. You as the legal heir of your father will inherit the property.

malladi (Lecturer)     14 June 2010

If the properties are sold amd money also recovered then you have a moral obligation to transfrer the properties. First of all, you have not mentioned how your grandfather acquired those properties? The property gifted to your grandmother becomes her own self acquired property in any case and after her death, your father is the legal heir and he has every right to sell it. The left over properties of your gandfather after gifting some to your grandmother also becomes your father properties after his death if those properties are self aquired by your grandfather or acquired via partition of joint hindu family properties.


 

malladi (Lecturer)     14 June 2010

If the purchasers do not have signed sale deeds or agreements, it is a blunder mistake from their side now. Bad luck. You are orally saying here that your father sold the properties and contrary to it, you want to sue the purchasers because they do not have any sale deed agreements. Sometimes orally agreeing to the above may shift the decision of the honourable court against you.


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