Inheritance
nashirul
(Querist) 08 May 2014
This query is : Resolved
hindu family consisting of four brothers.property was under occupation with their father on verbal agreement from the real owner for twenty years without any sale deed .The real owner executed an agreemet that property shall be transferred in near future but father died without transfer .The elder brother got the property transferred in his name from the real owner .and it was under the occupation of the whole family till today .elder brother died recently ,what he did ,he sold the property to someone,who is claiming the property on sale deed.now my question is whether the remaining sons and daughter who is under the possession till today .can they claimed any right in the property being legal heir of their father,whether the transfer done by the elder brother is acceptable in law .and laslty at the time of agreement between the father and the real owner ,the elder son was witness to it and he put his signature as witness at that document.can the remaining brother can claimed any right in that property on occupancy right,can a case be made out . pls help me.
nashirul
(Querist) 08 May 2014
pls expain under given laws
nashirul
(Querist) 08 May 2014
pls give the law point on the given matter
Raj Kumar Makkad
(Expert) 09 May 2014
As the agreement to sale was executed in favour of the father hence on his death the sale-deed could not been executed in favour of eledr son of deceased buyer without specific authority by all other legal heirs in his favour. Similarly subsequent sale by elder son is illegal.
In the given matter, all other legal heirs have not disclosed the date of knowledge of the registered sale-deed executed in favour of the elder son of deceased. It shall definitely bring the law of limitation in between but definitely they have a good case in hand.
All other legal heirs of deceased buyer can definitely file a civil suit as well as a criminal case against the seller and the buyer.
Rajendra K Goyal
(Expert) 09 May 2014
The property was not registered for 20 years on the basis of agreement, it is doubtful the agreement has any value till it contains some specific term regarding its applicability till years,
The property was registered in the name of brother, legally he was owner and had all rights in the property to sell it out.
Better consult a local lawyer and show him all the documents.
Thyagarajan
(Expert) 09 May 2014
What is the type of property? Who paid for the property that was to be transferred. Was it the father or eldest son? Was transfer deed registered?
As Expert Raj Kumar said there are other legal points like time limitation etc.
Meet a lawyer with the details to above points.
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
In my opinion the sale deed executed by the deceased brother during his life time to a third party is valid because he was the title holder of the property and on the basis of his marketable title, his execution of sale deed can be considered as valid. The father of the deceased failed to enforce the sale agreement and on his death the same became infructuous, thus, his legal heirs do not have any claim over the property which was never his.
