LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suresh (engineer)     23 November 2010

father sold land without my knowledge

Dear Expert,

 

I am  NRI staying aboard with my family. I purchased agricultural land in 2005 by using my own income and relevant sale deed was  made by my father name due to my absence. Hence I was separated from my father due to family issues, now my father was sold the land without my knowledge.

What can I do at this stage?

 

Request  for your feedback.



Learning

 8 Replies

R.Ramachandran (Advocate)     23 November 2010

Since the property in the name of your father (notwithstanding the fact that you might have given the complete funds for purchasing the same), he has every right to dispose of the property in whichever way that he likes.  He need not consult any one (including you) before selling the said property. 

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

You did a mistake by purchasing the property in your father's name.  When it is in your father's name it amounts to that it is his self acquired property.

If you want to challenge it  you have to file a suit for cancellation of sale deed but heavey burden lies on you to prove that you purchased the property.


(Guest)

it is a benami transaction.  But you to approach the concerned civil court for proper remedy for declaration and cancellation of sale deed.
 

raj kumar ji (LAW STUDENT )     24 November 2010

no father has full right to dispose the property and no one can challenge it .


(Guest)

Mr. raj kumar, Most of professional ethics and some minute points will not be disclosed publicly without obtaining fees.  So kindly consult some lawyer.  

SURESH KRISHNA (working as Deputy Manager - Legal for DLF India Limited)     24 November 2010

As per law your father is entitled to dispose of the property as he wish since the property is registered in his name irrespective of the fact that your have arranged the funds. If at all you want to challege the said sale you may approach the civil court of cancellation of sale deed subject to strict proof of the fact that you have sourced the funds not by your father.

SACHIN AGARWAL (ADVOCATE)     10 December 2010

Your father had every right and title in the said land and also he ha d every right to sell the same without any consultation with you. You cannot get teh sale deed cancelled. under any circumstances under the law

 

However, if you can show that the money was paid by you to your father, that money can be claimed by you by filing a suit for recovery of money.

raghuvenu rao (PRIVATE JOB)     24 May 2011

sachin agrawal is right


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register