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Siva (Lead)     11 September 2017

80 years old man executed sale deed in the year 1962

Hi All,

80 years man "A" purchased 10 cent plot from "B" in the year 1962 for Rs 120 by executing the sale deed. But there is word mentioned in the sale deed that "A" was a "college student" when he was buying this plot. Now, he is going sell this property to "C"  and  he ("A") has 2 married  sun and  married 1 daugher.

Here question arises that is it self acquired property or Ancestral property.? Because the sale deed shows that Mr "A" was a college student and no where mentioned that it was bought  using his own money. in the sale deed.  When he was student, how he would have earned money to buy this property. So It is indirectly means that his (A's) father would have given some money. So here we may not mean that it is self aquired propery.?

Now,  Mr "A" planning to sell his 10 cent property to Mr "C".  After selling to "C", Lets assume that Mr "A" dies after 2 years.  Can Mr "A" 's sons and daughers can sue against this sale deed exected to "C" stating that it was ancestral property.?. and My grand father  gave money to my father to buy that plot. Also he was just college student and he was not earling any money to buy this property. so it has to be consided as ancestral property..... etc..

So Can "C" can go and buy this plot without any leagal issue in future..? please give your oponion to "C"..

Please advise on this....



Learning

 6 Replies

Kumar Doab (FIN)     11 September 2017

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Your counsel shall look into facts and documents and help to ascertain the clean title and what is status; benami, self acquired, HUF,Joint, ancestral  etc etc

 

Entrust the technical job to LOCAl expert as suggested above.

Kumar Doab (FIN)     11 September 2017

For your academic interest:

 

Property inherited by a Hindu upto 4 generations of male lineage (from his father, father’s father or father’s fathers’ father), is ancestral property.

The property in question apparently is not Coparcenary property.

 

Go thru:

 

Central Government Act

The Hindu Succession Act, 1956

 

6 Devolution of interest in coparcenary property.

https://indiankanoon.org/doc/685111/

 

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Kumar Doab (FIN)     11 September 2017

Go thru:

 

THE PROHIBITION OF BENAMI PROPERTY TRANSACTIONS ACT, 1988

 

2:(8){(9)(b)(iii)}

(b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—

 

(iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual;

 

https://lawmin.nic.in/ld/P-ACT/1988/A1988-45A.pdf

 

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 NO. 43 OF 2016 [10th August, 2016.]

{(9)(b)(iii)}

https://karnatakajudiciary.kar.nic.in/hcklibrary/pdfupdates/BENAMI_TRANSACTIONS_(PROHIBITION).pdf

 

So it can include property held in the name of spouse or child for which the amount is paid out of known sources of income.

The situation may prohibit recovery of the property held benami from benamidar by the real owner.

Kumar Doab (FIN)     11 September 2017

It is reiterated that the buyer may prefer to obtain proper legal opinion from Local counsel as already suggested.

Siddharth Srivastava (Advocate)     11 September 2017

The sale deed was executed in 1962 so after lapse of more than 50 years so this question can not now be raised. Merely stating that purchaser was a college student does not make it ancestral property. The daughters or son or grand children or any body has not interest or right in such properties. 'A' has every right to take decision of its choice in respect of property. If 'A' sells the property to 'C' then such sale is valid and binding and the same cannot be challenged.
1 Like

SANTOSH GANGUL (lawyer)     14 September 2017

The sale deed was executed before fifty years so it cannot be disputed whether your father is college student or not. We can merely assume but facts may differ from that . Yiu must go through documents whether it is sale deed or gift deed or something and visit a good counsel for best suggestion.'A' has every right to take decision of its choice in respect of property. If 'A' sells the property to 'C' then such sale is valid and binding and the same cannot be challenged.

 


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