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IREF® - Indian Real Estate Forum > Real Estate Open House > Indian Property Laws > Grandfather's property
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Old October 3 2012, 12:50 PM   #1
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Default Grandfather's property

Hi,

I need some help/inputs on whether to pursue or give up on my grandfather's property.

My grandfather purchased a farm land long ago. It is not yet clear if he purchased it on his name (am awaiting details). It is claimed he purchased on my grandmother's name. My grandfather is no more and my grandmother and my father sold this property last year without our consent. After the sale deed and registration, my father started repenting for selling the land. (My grandmother is hale and healthy. )

Is it legally valid for grandmother to sell this property (self acquired) without his grandsons consent. What if my grandmother and father want to rollback the sale deed that was registered last year. My father has 4 children. Can they claim legal right to the property and file a case on the buyer improper purchase ? This only if the buyer rejects the request for returning the land with return of funds (with interest).

Incidentally, there are few flaws in the purchase like the constructed house and the plantations are not mentioned in the sale deed. (probably to avoid tax etc...). Can this be used as fraudulent purchase ? What happens to the plantations if the land sale is valid, but the plantations is not mentioned in the deed.

Please advise.

 
Old October 3 2012, 06:40 PM   #2
 
 
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I think, u need to consult a lawyer, since these r delicate & complex issues.

Half baked advise on legal issues can land u in trouble .
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Old October 3 2012, 10:27 PM   #3
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There are many ifs and buts here but still few point (Disclaimer: MUST validate from civil lawyer before any decision).
If the property was self acquired by your grandmother then she has all right to sell it. If it was bought by grandfather then did he leave any will? How did the ownership got transferred to you grandmother and your father? If grandfather left the will then person granted the rights is real owner and he/she can do anything they want.
If you want to revoke the sale deed and registration, its not a easy job as registry was done with (grand)parents consent. Claiming for house and plantation would also need to be proved that it was built before sale of land. You should be able to prove that building/plantation was already there. Another question can be that why did you signed such illegal agreement in front of registrar? It can fire back on you.
Best way is to negotiate with buyer.
 
Old October 5 2012, 12:02 PM   #4
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Thanks Manoj and Amit for the replies. Yes I will be consulting a lawyer. But before that I wanted to do some homework on is it worth approaching this. I agree there are lots of ifs and buts and the way these issues manifold into.

I agree, I need to take up the complexity of the situation with lawyer than an online forum. I have some basic questions to understand the legalities involved.

1. Father says part of the land sold was purchased by him, so some part is self acquired. This must be purchased some 20 yrs ago and sold last year. Incidentally my father was coerced to sell and he did in a hurry without letting my mother or his sons know about this deal. Even if we ignore the coercion part, is this deed legal and valid given that my Mother has not signed nor consulted ? Is the "wife has rights on husband's properties" apply in this case.

2. If Grandmother has a self-acquired property can she sell that without the grand children's consent signatures.

This would help me to decide if I can pursue this. Yes, the best case would be to negotiate with the buyer. My father already did this and he agreed to return the land, but all of a sudden he took a U turn and now doesn't want to part away.
 
Old October 5 2012, 06:04 PM   #5
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Quote:
Originally Posted by dravdn View Post
Thanks Manoj and Amit for the replies. Yes I will be consulting a lawyer. But before that I wanted to do some homework on is it worth approaching this. I agree there are lots of ifs and buts and the way these issues manifold into.

I agree, I need to take up the complexity of the situation with lawyer than an online forum. I have some basic questions to understand the legalities involved.

1. Father says part of the land sold was purchased by him, so some part is self acquired. This must be purchased some 20 yrs ago and sold last year. Incidentally my father was coerced to sell and he did in a hurry without letting my mother or his sons know about this deal. Even if we ignore the coercion part, is this deed legal and valid given that my Mother has not signed nor consulted ? Is the "wife has rights on husband's properties" apply in this case.

2. If Grandmother has a self-acquired property can she sell that without the grand children's consent signatures.

This would help me to decide if I can pursue this. Yes, the best case would be to negotiate with the buyer. My father already did this and he agreed to return the land, but all of a sudden he took a U turn and now doesn't want to part away.
Pointwise:
1. If the property is self acquired then your father has all rights to sell it without consent of anyone. Wife's right question comes on husband's self earned property only in case of separation or in any other case of maintenance demanded from husband.
2. Any self acquired property can be disposed or transferred as per desire of owner so Grandmother can do anything with her self acquired one.

If the property was transferred due to some coercion and if it can be proved with the consent/help of your father and if you/your father can prove in court that something is missing or some cheating is there then you/your father can challenge the deal in court.
 
Old October 5 2012, 09:20 PM   #6
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The property in question if purchased by your grandfather in his life time from his self earned funds in the name of your grandmother is her absolute property. By virtue of the Benami transactions prohobitions act. You can only claim a right if ur gfather bought the prop from ancestral funds i.e money from a joint family nucleas or sale of ancestral property .
 
Old October 19 2012, 10:48 AM   #7
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Hi ver_amit, BuildersNCR,

Thanks for your replies and educating me on property laws. Though had interest since long but continued to remain ignorant and never had a need. Anyway, it is good to know about the rules.

Yes, it is very fair that one has complete right on self-acquired property and they can do "anything" with it. It is comforting and felt good after understanding this that I didnt have anything to lose nor have I lost anything :-).

I told dad to let go the buyer and not to bother about the coercion part as long as he got the money. But then comes the shocker

1. Dad says the property was worth twice than what he got. Sale deed and registration is over and the registered value is just 1/8th of what the market value is. And he is not fine to let go the property even if the buyer pays more to settle it.

2. Also dad now says the whole land sold has these parts
a. Some part of land is ancestral and GF acquired this through his father.
b. Some part of land was purchased by GF but in GMs name. So as per title it is GM's self-acquired.
c. Some part of land was purchased by Father.

I am trying to talk to the buyer and negotiate to let go the property with refund. But if he doesn't cooperate, I am thinking of what to do.
Is the deed legal and valid given that some part is ancestral and we haven't signed / consented ?

I believe the below facts are in my favor
- ancestral part of land purchased by buyer without our consent
- Big diff in registered value and the actual value of land (due to plantations not accounted)
- Father feels he did a wrong move and was coerced.

Does the above give me better chance to reclaim the whole land or only part of the ancestral land ?

I certainly need to talk to lawyer, but if you have any prelim suggestions, I will be happy to take that.

The sale and registration happened last year. If at all I would like to act, is there a time limit. I agree sooner the better.

Thanks again.
 
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