prasad (consultant) 25 December 2012

Sale deed of agracultural land

My Grandfather and his brothes purchased agricultural land 40 years ago in a village in a Maharshtra when they were in the united family. 2o years ago Grandfather his borthers got separated and this purchases land came to my grandfather's part in the family property division. My grandfather has two sons. In the undivided family my father has name on 7/12 on the other land which went to my Grandfather's brother after division. After property division they changed 7/12 records and my father's name is added to this purchased property which came to my grandfather's part, to that with my uncle.
Now within this property there was no boundry decided between three of them. My grandfather has sold his part without consulting with my father. He is saying it is his private property as he has purchased it and he can do anything with it without consulting with my father.
Is this correct? Can we take any legal action against this deal?

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2 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 26 December 2012

If y, our grand-father has purchased the same property,I then he has every right to sale, gift, will his property. However, if property is flowing from ancentral heirs and scucessors, or legal heirs, then you can prevent your grad-father that the property is ancestral property of which your father is heir. For further information pl. Contact : Property Consultant, Adv. Jeevan Patil : 9869400938, (Mumbai) / Email: jeevansci@yahoo.com

Adv. Jeevan Patil,

Property Consultant

M V Gupta (Advocate) 26 December 2012

You havve stated that the property in question had fallen to your GF's share in the partition 20 years ago. As such the property will be regarded as his self acquired or absolute property. Adding of your father's name in 7/12 may not ultimately change the above legal position, although ur father may contend that his name has been added in the 7/12 records with the understanfding that he will have rights in it. (This stand in the absence of any written evidence will not sustain).Hence, your GF has every right to dispose of the entire or part of the property during his life time.