revoking of sale deed
Querist :
Anonymous
(Querist) 17 April 2011
This query is : Resolved
My father in law has sold his property to me and a sale deed has been executed.
two years back his elder daughter in law had made a sale agreement on a plane paper.
My question is can his elder daughter in law get this sale deed revoked based on her sale agreement?
Raj Kumar Makkad
(Expert) 17 April 2011
If the property in the hands of your father in law was ancestral and your father in law has expired then she may get the sale deed set aside through civil court but her agreement to sale is not valid untill and unless she get sale-deed set aside.
R.Ramachandran
(Expert) 18 April 2011
Yes, as rightly pointed out by Mr. Makkad, it will depend upon the nature of the property. One has to know whether the property in question was 'ancestral property' in the hands of your father-in-law or his self-acquired property. More over, we also have to know as to the family particulars of your father in law - how many son(s), daughter(s), whether his wife is alive or not.
Where is the property situate.
When was the sale deed executed in your favour.
Whether you are in possession of the said property or not.
Only if these minimum particulars are given, then one can give an appropriate view on the matter.
Querist :
Anonymous
(Querist) 18 April 2011
Property was self acquired, my father in law is still alive, the sale deed is registered in my favour on 20-03-2011. My mother in law is alive. Part of the property is in my husband's possession(Father in law and mother in law stay with us) and other part, is in occupied by his other son,(whose wife had a sale agreement on a plane paper without any consideration). My husband has three elder sisters and all are in my husband's favor.
Registration of Sale deed was witnessed by two sister in laws.
R.Ramachandran
(Expert) 18 April 2011
Since it is a self-acquired property of your father in law, no one except himself can decide what he has to do with his property. No body can have any claim over the said property.
Since your father in law is the absolute owner of the property and has sold the same to you by executing a proper registered sale deed (hopefully the registered sale deed would also state that it was his personal property/self-acquired property), and having paid the sale consideration, which again would be through cheque or demand draft, which fact would have been mentioned in the sale deed and easily verifiable, you need not worry.
If the entire property has been purchased by you (or in the name of your husband), I take it that you have allowed your brother-in-law to stay in part of the premises on the basis of love and affection (I think you don't get any rent for that portion from them). What is the stand or reaction of your brother-in-law to the acts of his wife - is he siding with her, though that will not affect your title to the property.
bhagwat patil
(Expert) 18 April 2011
your position is totally legal one if the property is self acquired one.let her play the tricks,nothing will harm to your title and ownership.
Querist :
Anonymous
(Querist) 18 April 2011
Thanks Mr.Ramchandran, my husband's brother and his wife have been staying in the same house from last 24 years as it was a joint family before. But after separation they have been staying on first floor and my husband and my in laws stay at ground floor.
how can I legally evict their portion? What rights do they hold as an occupier? They are not paying any rent, nor contributed towards caring of the old parents.
