Land sold to third person when mother alive
harendrasinh
(Querist) 04 September 2015
This query is : Resolved
While distribution of land,mother's land separated with son's portion land,one acre each of three sons,it will be in the possession of mother and yeild will be taken by the mother mother till she alive, this but respective survey No's on the name of individual son,mentioned in the heirs pact while distributipn of property.But two sons violated the pact and sold the land when mother is still alive,she is brought to worst condition. I want to help her,which Law is applicable and under which section suit will be filed, pl help me so as to do further action.
From : H�rendrasinh Atodaria.
Kumar Doab
(Expert) 04 September 2015
You have posted that:
---“mentioned in the heirs pact while distributipn of property.’
What is this heirs pact?
Is it some registered deed? If yes what is it e.g. family settlement deed? What is narrated in it?
---“but respective survey No's on the name of individual son,mentioned in the heirs pact”
Why the mother’s survey numbers are not mentioned in it?
Where is mother’s share in mutation record?
You may post full details and facts of the matter e.g. who was owner of the land and how did the land devolve upon mother and sons, their religion etc
Rajendra K Goyal
(Expert) 05 September 2015
Consult local lawyer and show him all the documents.
Mother may claim maintenance from sons through court.
Guest
(Expert) 05 September 2015
Make the Buyer also as a Party and File a Suit against the Children of Her for Executing the Sale With out the Mother's Consent By Fraud.Even A Criminal complaint could be made with Police.Priority would be given to the mother as a Senior Citizen.Consult a Local Good Advocate by approaching the Free Legal Aid Forums In All the Courts and you could approach Women's Legal Aid Forum also.
harendrasinh
(Querist) 06 September 2015
A.The deed is non-Registered and Family settlement deed signed by Elders Relatves in plain paper on date 4/5/1975.
B. Respective survey no's mentioned in the Family deed on mother's name, but will remain on the name ofindividual sons and stated that the respective Survey No's will be in possession of mother and yeild will be taken till he alives.
C.From that yeild the cloths will be provided to Married Daughters
As we by Cast Rajput Hindu.
C. There is no name of mother in mutation entry.
D. The Owner of Land was Son's father the husband of mother(wife)
Therefore i would like to beseech my my seniors that Hindu partition Act or Gujarat/Bombay Land revenue Act is applicable and under which section, pl guide me.
Thanking you for sparing your valuable moment and humbly obliged.
Guest
(Expert) 06 September 2015
Better Consult A Local Good Senior Advocate with all related documents Copies In Detail.
