Dispute with Senior paternal Uncle

If half share has been executed by your uncle in your father's favour then your uncle cannot subsequently execute the entire property in favour of his son and hence the execution of deed (DAKALU) in favour of his son is null and void and not enforceable.  Hence there is no question of your uncle cancelling the document. 

It is advisable on your side (your father) to approach the court and seek declaration that the half share executed in your father's favour is valid and binding and further declare that the deed executed by your uncle in favour of his son is null and void and your father may also seek a prayer of injunction restraining your uncle not to deal with the property prejudicing the rights of your father's half share.

Hi,

Thanks for your reply.

Actually my father did not get the complete possession of the property. It is in the agreement stage. There was some due in the amount also. The property  surrendered to my father without re- sale rights. Condition in the document is that my uncle should execute sale deed when ever my father asks him by paying the due amount. there is no date limitation.

My father was expired in 2002.  So my Uncle feels that agreement is not valid now ( as it was 30 years old and my father expired), so he executed full share to his son. Now he had fight with son and has some favor towards my family.

So I would like to know that can DAKALU document can be cancelled or not once executed. If it is really can cancelled then we approach our uncle to execute the property in favor of us.

Thanks,

Lakshmi Narayana

Dear Lakshmi Reddy,

From your above query following are the main points:

I………… Father and my senior paternal uncle purchased a land in 1979:

              Registered document on senior paternal uncle's name;

II………..  After one year Uncle executed a Register Agreement (for half of the Property);

III……….. Uncle registered whole property to his son;

IV…………and Uncle cancelled the registered document that he did for his son;

And your question as:

My question is can we really cancel the document?

You are saying in above Point No: IV, that your Uncle has cancelled the registered document which he executed in favour of his son, then, where is the question again arise for cancellation of the document.

Hi,

Sorry for the confustion.

My uncle said that he cancelled the document but we are not in position to beleive him 100%. So i am asking if provision is there to cancel the DAKALA document then we can beleive him.

Please find some more details about the execution thay my uncle did for his son.

1) One percent stamp duty paid.

2) Surrendred the property from the date of execution.

3) That is not VEELUNAMA or SALE register  

Thanks,

Lakshmi Narayan

Dear Lakshmi,

From your second post, I am able to note that your uncle and your father had a sale agreement many years before and your father has not paid the balance consideration to your uncle and hence no sale deed is executed.  In such case you have no title to the property.  As no sale deed is executed in your father's name your uncle is the full owner of the property and the agreement with your father cannot be enforced now as many years have passed by.  Your father or you have no rights in my opinion.

As regards DAKALU, it all depends on the terms of the document whether your uncle has the powers to cancel or not.  If there is any provision in the document for cancelling, then your uncle is entitled to do so.  Otherwise the document is valid and your uncle's son gets good right over the property.

Property is in our possession only from last 30 years and we are enjoying rents coming from that property. There is no date limitation in the document to pay the money and to execute the sale deed. The property surrendered to my father on the date of execution itself. That point clearly mentioned in the document.

Still don’t we have any rights? please let me know.

Thanks.