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Srikanth   11 June 2023

Registration of family property without signature of son

Hi All,

Person A illigally purchased agricultural land from my mother 10 years back, and my brother and I have not signed it, we were both major at that time, only my monther have signed it.

History of land, it was our ancestors family land and my grandfather ( Mother's father) had written as gift deed to my mother and my mother have signed on sale registration to third person ( without reading it and agreed illiterate ) 

 

Note : The sale registration says that my mother has taken amount in cash and signed the document, but in fact they have not given any amount to my mother.

 

Now as a son can i put case against it? Can I get my land back?

 



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     11 June 2023

No, since your mother was absolute owner of land ( she received it through registered gift deed from her father ) so she had every right to sell, gift,bequeath and transfer it as per her wish to anyone without getting  signaures/consent of her son/daughter and such sale/transaction was perfectly  valid.You can't  challenge validity of sale transaction on pretext that she didn't  obtain your consent or signature.Contents/Averments made in sale deed shall be deemed  correct so it will be presumed that your mother had received  sale consideration in cash.

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

This is not ancestral property, it was transferred to her as a gift by her  father.

She had inturn transferred the property to a prospective buyer by a registered deed for a sale consideration amount.

Now it is a decade old story hence your claim that she did not receiove any amount is not believable neither it would be maintanable in law even if you somehow get a case filed in a civil court  

Moreover you do not have any rights in the property hence you cannot file any case in this regard.

Real Soul.... (LEGAL)     12 June 2023

The sale deed might be registerd and how can you say that  your mother never knew she is selling the land ;just forget to dispute it

Shashi Dhara   12 June 2023

The land from maternal side if it was from paternal side that is your father's father land you may ----.


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