Right of daughter in fathers ancestors property
sujatha
(Querist) 07 November 2011
This query is : Resolved
my father is having one son and one daughter near bangalore. daughter is elder and married in 1985 my brother is younger.during real estate boom my brother has taken notary GPA from my father for all the ancestral property with out proper knowledge of my father.then he stated selling property with my knowledge from 1998 to 2005 i am having doubt that he has not taken my father to the notary or the signature is forged pl kindly answer for the following 1.what is the limitation period to file the suit against seller and purchaser? 2.how i can verify that notary also colluded in the transaction? 3.how much share i am eligible ? 4.can i file a suit on purchaser? 5.if the the signature of my father is forged what is repercussions? pl answer and provide the contact address
ajay sethi
(Expert) 07 November 2011
if your brother has been given power of attorney by your father please check whether power of attorney is registered or not . if it is not regsitered your brother does not have any right to sell the properties .
if signature of your father is forged it is a serious matter . your brother will be guilty of forgery and criminal complaint can be filed against him for forgery
si your father still alive? suit can be filed cahhlenging the sale of property as your brother did not have any authority to dispose of the properties . consult a local lawyer witht he complete details of the properties sold .
Sankaranarayanan
(Expert) 07 November 2011
yes no more explanation need ,My learned friend given good advise, you approach local lawyer and seek the advise and follow .
prabhakar singh
(Expert) 07 November 2011
1]A notary POA is not a valid deed to authorize your brother by your father for purposes of sale of immovable properties.
2]You should check in registrar office if that POA is registered or not??
3]Only those properties which originally belonged to your great grand father and then were inherited by your grand father and then have been inherited by your father would be called ANCESTRAL PROPERTIES in which you each i mean ,your father ,you and your brother has 1/3 rd right which you can enforce even just now.
4]In case properties are ancestral and even if the POA is valid it can not be deemed valid for more than 1/3rd that your father owns as his share.
5]If your brother has disposed any ancestral property on the basis of the POA of your father,forged or real,the same sale is not binding upon you.
6]You need to understand that your father as well as your brother and you also are free to make sale or gift or can WILL your respective shares to any body of your choice with out any enterference of the other.However strangers can not be admitted by any of you against the other without final partition.
CIRCUMSTANCES DEMANDS THAT YOU GET IN TOUCH
OF A LOCAL LAWYER AND ASCERTAINING THE FACTS IN LIGHT OF GUIDANCE GIVEN HERE BY US, DISCUSS THE MATTER WITH HIM AND FILE A SUIT OF PARTITION AND INJUNCTION.
Shailesh Kr. Shah
(Expert) 10 November 2011
Mr. Prabhakar Singh has given perfectly answer.
sujatha
(Querist) 17 November 2011
i want clarification regarding ancestral property.
R.Ramachandran
(Expert) 17 November 2011
Dear Ms. Sujatha,
Please give information against each of the query.
(1) What do you mean by "ancestral property"?
(2) Do you mean to say that your father did not acquire the property through his earnings, but got the property from his father i.e. your grand father?
(3) How did your grand father got that property - whether it was his self acquired or got from his father i.e. your great grand father?
(4) When did your grand father die?
(5)Whether your father is alive now?
(6) The property is in whose name now? At least those properties which have not been sold by the son.
(7) Since you state that your brother started selling properties from 1998 to 2005 - what is the extent of property that you are talking about. Did your father had so many properties?
sujatha
(Querist) 18 November 2011
sir 1.1i want to know the property under question falls under ancestral property 2 properties under question was acquired by my father thro partition from grandfather 3. they have self aquired 4.died in 1974 5. alive 6.he sold all the properties 7 seven properties to an extent of 10 40 acres of agriculture land.All the properties are mutated to bueyers name 8 i want to know whether the sale thro unregistered GPA is valid 9 what is the time limit to file suit
R.Ramachandran
(Expert) 18 November 2011
Dear Ms. Sujathan
Since the property was self-acquired property of your Grand father, and after his death in 1974 since your father (and his brothers and sisters) inherited the same, the said property is personal property of your father and not "ancestral property".
Being your father's personal property, he can dispose of the same at his will and nobody can object to the same.
Nobody - neither you nor your brother nor your mother etc., have any right/share in the said property when your father is alive.
Being the owner of the property, if your father had given GPA in favour of his son (i.e. your brother) to sell the property, it is perfectly valid, provided the GPA was registered.
It seems having given the GPA, your father did not object to the sale and rather appears to have ratified the same by remaining silent.
If your father is not willing, he can cancel the GPA even now and protect his remaining properties.
As regards the properties which stand already sold, you have to make inspection of the documents by visiting the Sub-Registrar's office and find out whether the GPA was registered or not. If it was not registered, then your father, after consulting a local lawyer can proceed further against his own son and the purchasers. You have not indicated what happened to the sale proceeds - Did your father receive the same?
sujatha
(Querist) 18 November 2011
1 gpa is not registred 2.sale proceedings has taken my brother
R.Ramachandran
(Expert) 18 November 2011
Then it is only your father who can institute a proper suit and not you. In any case, as already indicated, your father has to cancel/revoke the GPA granted to your brother immediately if he wants to save other immovable properties.
sujatha
(Querist) 18 November 2011
i am sure that is not registered only notorised pl clarify whether my father can file a suit to nullify the transaction
