My father sold my mother's property


Actually my father's father which is my grandfather written and gave all his property to my mother's name and it was legally registered in november 1984. now we went to my native place to sell the land but in the register office they told that your father gave it to his elder brother on june 1985. Is it possible that my father can sold my mother property without her sign. in that sold document my father only signed and gave to his brother my mother didnt sign in any document..  can my mother get back her property if its possible please tell me the legal procedure to follow to get the property.

 

Note: my grandfather notify in the document which he gave to my mother that, my son will not earn for his family and his character is not good so i am giving all my property to my daughter in law like that he specified in the document.

 
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Advocate

Sir, If the property of your grand father is ancestral property, then, he cannot give that property to your mther through will. In that case, your garndma, and her legal heirs have to share that  porperty equally among all. Now, your father might have given his share to his elder brother and for that your mom's sign is not needed. If the property was self earned, then, your father cant alienate the said property without your mom's sign.


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Advocate

If property was your grand father's seperate property then as suggested by suchitra madam, your father has no right to sell the property and your mother is the owner. But since more then 25 years have been passed declaratory suit is time barred but you can go 4 suit under section 5 of specific relief act to claim possession on the bases of ownership on bases of will in favour of your mother. Once you proved your ownership you can get property back. Consult a lawyer with documents you have.

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the property is my grandfather's father property and the property is in my grandfather's name when he was giving to my mom..... but one thing its not a will my grandfather gave that property as gift to my mom and it was registered by my grandfather in my mom's name ... my grandfather died on jan 1985... so if its possible to get that property back can i go for legal activities. the property is before 25 years back so if there is any difficulty to get that property.... please give me good suggestions sir......


 
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Advocate

Sir, one cannot alienate the ancestral property through gift And even if it is done, it can be contested by the legal heirs as they have right over that property. PLease consult a lawyer with the documents which are in your possession now in order to give proper advise.


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thank you very much suchitra madam, sure i will consult the lawyer and do further activities

 
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advocate

SUCHITRA IS DOING WELL,.

 
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just now i collected all the details from my native place, that the property was self earned by my grandfather its not ancestral property. so sure can i get that property back?

 
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