Grand fathers property
ANANDA H
(Querist) 14 October 2014
This query is : Resolved
Sir
15 years Past Incidence: My Grandfathers property has been taken by my mothers( Uneducated)cousin by taking her thumb impression unknowingly.
When we came to know about this some 7 years back my uncle ( Mothers cousin) was saying he will return it back soon…..
As days pasted we also stopped asking him thinking he will return back property but 1 years back he has sold it to someone else without any intimation….
When my Uncle took Thumb impression of my mother she was having 2 sons (including me) and 2 daughters all are of age 25 Plus…..and none of us have signed /put thumb impression in that letter.
The property regarding which is discussed above belongs to my Grandfather……
Is it legally ok or can we ask for that property now as none of us (Myself , My Brother and sister) have signed ….
Thanking You
Dr J C Vashista
(Expert) 15 October 2014
Whether knowingly or otherwise your claim of being the grandfather uneducated is time barred and no such plea shall sustain.
The property of Grnadfather devolved upon uncle (mama)who got thumb impression of his sister (your mother) implies that she has consented the sale, no claim remained.
However, show the document to a local lawyer and seek his advise, which is being opinioned/rendered on the basis of presumption.
Anirudh
(Expert) 15 October 2014
It is not clear what is the document on which your mother put her thumb impression. Without knowing this, it is not at all possible to give any definite views.
Rajendra K Goyal
(Expert) 15 October 2014
What was the contents of document thumb impressioned by your mother? Whether it was registered?
Consult a local lawyer and show him all the documents.
malipeddi jaggarao
(Expert) 16 October 2014
It is your grand father's property. Whether your mother has a valid title to the property. That means whether your grand father transferred the title of the property by way of Gift Deed etc., or on his death whether mutation of property has been taken place among all the legal heirs (like brothers and sisters of your mother)? On what paper your uncle has taken thumb impresson of your mother?
Your uncle's actions are not valid. The purchase will not get title and rights over the property. First of verify whether your mother has a right over the property or not. Second is to whom your uncle sold the property, his name, father name, age, residential address etc., Third is how your uncle sold the property when he does not have a right over it? Whether he registered this property to the purchaser?
It appears you are innocent. Take the assistance of some educated person and re-post the query with all the above details.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
In whatever be the circumstance, as grandchildren of your grandfather, during your mother's life time, you people do not have any right over the property, if at all there is any claim, only your mother can do it. However, since your mother has already given her consent to her cousin around 15 years back, at this belated stage even she has has lost her rights due to operation of adverse possession clause. What is your lawyer's opinion?, you may answer the other experts' queries in this regard if you want proper clarification.
