Validity of registered documents
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 24 September 2014
This query is : Resolved
sir. after d death of my grandfather. me and my sons were the only legal heir to survive and succeed to his estate i.e. agricultural land. however. before our name could recorded in revenue record we have sold that property to someone else through registered sale deed in d year 1970 and at the relevant point of sale my sons age was just 1year n i had sold whole property even my share and also of my minor sons share as we had equal share. So sir my query is this that when our name was not been recorded in 7/12 extracts whether we have the right to sale that property and another thing as my son was minor at same time so can i had the right to sell his share also on his behlaf and whether the sale deed can be held valid
Anirudh
(Expert) 24 September 2014
The sale deed effected by you in 1970 is perfectly valid, in spite of the reasons now being cited by you.
Jayashree Hariharan
(Expert) 24 September 2014
since you are the sole surviving legal heirs absolutely proper and valid, since by law the property automatically will pass on to you. You are the natural guardian of your son, and you have signed on his behalf.
malipeddi jaggarao
(Expert) 24 September 2014
Why are you asking this question now?
You want to prompt your children to file a suit against the buyer?
We are not here to help the people who entertain unscrupulous ideas.
ajay sethi
(Expert) 24 September 2014
SALE DEED is valid . you and your sons were the legal heirs of self acquired property of grand father . hence you could dispose of the said land by sale deed
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 24 September 2014
Sir reason for asking this is that the said sale deed is been challenged by my sons itself
Rajendra K Goyal
(Expert) 24 September 2014
Whether the property was self acquired or ancestral? How you inherited it through will or otherwise.
In the given facts, sale deed seem to be OK and chances of success for your son are less.
P. Venu
(Expert) 24 September 2014
Revenue records (7/12 extracts) need not necessarily constitute title to property
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 24 September 2014
Sir that property was ancestral.however before our name could recorded in 7/12extracts we have sold that property. N imp point is that my son was minor he was just of 1year when i have sold that property of his share also. N THEREFORE my son has taken this defence that as he attained the age of adult he is kot agreed with d sale deed as he was of 1years at the same time.
Anirudh
(Expert) 24 September 2014
Mr. Dhiraj,
What is the basis for you saying that the property is 'ancestral'?
Raj Kumar Makkad
(Expert) 24 September 2014
If the ancestral property was sole wherein the interest of the minor was also involved without prior permission of the court, definitely such minor within 1 year of attaining his majority, can challenge such sale.
Raj Kumar Makkad
(Expert) 24 September 2014
If the ancestral property was sole wherein the interest of the minor was also involved without prior permission of the court, definitely such minor within 1 year of attaining his majority, can challenge such sale.
Biswanath Roy
(Expert) 25 September 2014
Selling minors property by the natural guardian without obtaining permission from the court of law stands as illegal transfer and such transfer can be challenged by the minor subsequently when he will be major because mere guardianship does not casts power upon a man to snatch the right title of an immovable property of a minor.
T. Kalaiselvan, Advocate
(Expert) 01 October 2014
If it was ancestral property, the sale on behalf of minor during his minority without permission of competent court is invalid, however since the sale was in the year 1970, your son would have attained majority in the year 1989, what was he doing all these years ?, his claim three years after the knowledge of such sale is barred by limitation.
