LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SIVAKUMAR (farmour)     19 November 2013

Clarification required for a sale deed

Hello Experts

 

My grandfather has sold our undivided ancestral property to third party without get signed from his sons & daughuters

more info

my grandfather got this property from his father via Partition deed (ancestral property)

my grandfather has 3 sons and 2 daughters.

even all the names (3 sons and 2 daughters) name still in patta.

deed is happened 10 years back

questions

is it valid sale deed

if no how could  we get back this

Thanks 



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2013

If the property was ancestral property and that your grandfather sold away his entire share of property which was allotted to him vide a partition deed without taking the consent of his sons and daughters, what was the age of the sons at the time of selling the property?, if they were majors by age, they should have claimed their respective shares by filing a suit to declare the alleged sale deed as null and void within three years from the said date of sale, now it is barred by limitation.  Just merely their names appearing in the joint patta will not entail them to claim for the same.  Your grandfather's daughters are not entitled a share in the ancestral property because the same was partitioned before the amendment to succession act came into force unless the names of the sons will not appear in the patta.  I think your father and his brothers would have been a party to the sale, have you seen the alleged sale deed yourself or did you get an opinion from any lawyer showing the papers in your possession ?  

SIVAKUMAR (farmour)     21 November 2013

Thanks Kalaisevan for your great response.

My father was 50 years old when the sale deed happened and more over my grandfather sold the property to his one of the daughters son . In the sale deed. they mentioned he sold this property because he wanted to disclose various loans (might be 90% fake) 

 

Thanks , Siva

SIVAKUMAR (farmour)     21 November 2013

Thanks Kalaisevan for your great response.

My father was 50 years old when the sale deed happened and more over my grandfather sold the property to his one of the daughters son . In the sale deed. they mentioned he sold this property because he wanted to disclose various loans (might be 90% fake) 

FYI, we all came to know this sale deed after 7 years only. 

Thanks , Siva


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register