Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sanju0008   08 December 2017

Can be cancelled sale Deed of self aquired property?

Dear Sir,

Now i am the owner of the land. I have purchased the land from my grand mother in may 2012 in the form of sale DD.

The land was actually aquired by my grand father few years back from komati kistaiah(other caste person)  in the form of sale DD which is for reasonable price 10000/- around. He died on 29 th march,2012. After two months My grand mother wanted sell the land for her livelyhood eucause her son not taken care of her. So I purchased the land in may 2012.

My grand mother has two daughters and one son. Age wise names Laxmi,Lalitha and Narender(son). I am the son of second daughter Lalitha. All are married and separated families.

Now, my uncle  filed a petetion that it is a joint family property, share the portions and cancellation of sale deed. And forcing his mother to file a complaint to cancel the sale deed willfully, they are demanding money from us. He sent a notice to me that " claim: suit for partition and seperate possession and cancellation of registered sale deed"

According to tahasildar or MRO records the land is on my name from may 2012 and i am cultivating the land.

can it be cancelled?

Please give your valuable suggestions. urgent. I am in dilemma. what to do and where to approach

Regards,



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     09 December 2017

If there is no fraud or forgery involved, you need not fear for any thing and face the case when it comes.  It is very difficult to cancel the document, and they have to pay Court fee on the amount of sale deed and it takes minimum 5 years to get a judgment in any court during trial.

( You have done incorrect thing.  Your grandmother is not having any rights unless she was bequeated with the property by a will of her husband.  Without will, all legal heirs have equal shares. That means wife, son, daughters have equal shares.  and knowingly that there are other legal heirs, (because you are nearest relative) purchasing it from legal heir may amount to fraud)  Mutation is just a supporting record and it can not give you additional rights than possession.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register