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SANAUL HAQUE (PROJECT LEADER)     29 April 2013

Can a sale deed be executed in favor of unborn person?

Hi,

Is this possible to execute a Registered Sale Deed in favor of an unborn person?

If yes then how?

If no then why?



Learning

 2 Replies

Balaji Bakthavathsal (+919444448455)     29 April 2013

Although I am not a lawyer, as a person ordinary prudence, I could not resist to reply to this query. Sale means what ? Transaction of a movable or immovable property. When there is a transaction, atleast two persons are involved, one is the Seller and the other is the buyer. In the absence of one person, how can the transaction take place ? Further, the Registration Act says that the buyer and seller should be identified. How can the seller bring the buyer who is yet to born ? I really wonder what made the author to raise such a query. If he has really asked out of innocence, here is a suggestion to execute a will which can include the child to be born.

SANAUL HAQUE (PROJECT LEADER)     30 April 2013

Dear Sir,

Here is the actual problem. Could you please shed some light on this.

MY NAME IS SAMIUL HAQUE AND I AM 65 YEARS OLD NOW.
I WANT TO SEEK YOUR HUMBLE OPINION ON A PROPERTY DISPUTE. THE OVERALL MATTER HAS BEEN DEPICTED BELOW.


EVENTS:
1. MY MATERNAL GRANDFATHER HAS EXECUTED A REGISTERED SALE DEED IN MY FAVOR IN YEAR 1949, MY ACTUAL DATE OF BIRTH IS 1948. AS PER THE SALE DEED, HE SOLD ALL OF HIS PROPERTIES (ALL HOUSES + LAND + PONDS + JUNGLES ETC) IN 1700 RUPEES TO ME. NOTHING SPECIFIC HAS BEEN MENTIONED IN THE SALE DEED THAT WHAT HAS BEEN SOLD, BUT THE INTENTION OF SALE DEED IS TO SELL EVERYTHING.

2. THIS CONVEYANCE (REGISTERED SALE DEED) WAS ACCEPTED BY MY FATHER (DECEASED NOW) ON MY BEHALF AND HE TOOK POSSESSTION ON THE PROPERTY AS WELL AND THIS DEED HAS BEEN CERTIFIED BY TWO LOCAL WITNESSES, WHO ARE DECEASED NOW.

3. AS PER MY SCHOOL LEAVING CERTIFICATE MY YEAR OF BIRTH IS 1953. I WAS A GOVERNMENT OFFICIAL AND JUST RETIRED FROM MY SERVICE. EVERY WHERE MY RECORDED YEAR OF BIRTH IS 1953.

4. EFFECTIVELY I WAS BORN 4 YEARS AFTER THE EXECUTION OF REGISTERED SALE DEED AS PER THE RECORDED DATE OF BIRTH, HOWEVER MY ACTUAL YEAR OF BIRTH IS 1948 BUT SOMEHOW IN MY SCHOOL IT WAS RECORDED AS 1953, WHICH HAS BEEN CARRIED TO ALL OF MY AVAILABLE DOCUMENTS.

DISPUTE:
A. MY MATERNAL GRANDFATHER HAD ONLY ONE SON (MY MATERNAL UNCLE, WHO IS DESEASED NOW). THE 5 SONS OF MY MATERNAL UNCLE (ARE ALL ALIVE) ARE NOW SAYING THAT THE REGISTERED SALE DEED IS NOT VALID BECAUSE I WAS BORN 4 YEARS AFTER THE EXECUTION OF THE CONVEYANCE AS PER MY RECORDED DATE OF BIRTH. THE SALE DEED EXECUTED IN MY FAVOR BY MY MATERNAL GRANDFATHER IS VOID NOW AS PER THE LAW, SINCE A CONVEYANCE OF ANY KIND CAN NOT BE EXECUTED IN FAVOR OF AN UNBORN PERSON.

B. THEY HAVE FORCEFULLY OCCUPIED SOME OF THE LAND AND THREATNING ME TO EVICT THE HOUSE (WHERE I AM LIVING).

C. ONE OF MY FRIEND TOLD ME THAT A REGISTERED SALE DEED CAN BE EXECUTED IN FAVOR OF AN UNBORN PERSON.

MY QUESTIONS:
Q1. DO I HAVE ANY OPTION TO CHANGE MY RECORDED DATE OF BIRTH (01-JAN-1953) WITH THE ACTUAL DATE OF BIRTH (16-04-1948)?

Q2. WHAT IS THE DEFINITION OF AN UNBORN PERSON AS PER THE LAW? I AM A MUSLIM, SO I THINK THAT MUSLIM PERSONAL LAW WILL BE APPLICABLE HERE?

Q3. CAN A MATERNAL GRANDFATHER EXECUTE A REGISTERED SALE DEED IN FAVOR OF AN UNBORN GRANDSON (FROM DAUGHTER'S SIDE)?

Q4. WHAT LEGAL OPTIONS DO I HAVE TO TAKE MY LAND BACK FROM FORCEFULL OCCUPATION?

Q5. WHAT LEGAL OPTIONS DO MY OPPONENT HAVE IN THIS DISPUTE?

I WILL APPRECIATE YOUR OPINIONS VERY MUCH.
 


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