Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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V.G.Rao Advocate (Advocate)     01 September 2010

How to safe guard my frieds property legally?

Hi all,
My friend's father purchased a house property ad measuring 270 sq.yds  in the name of my friend when he was minor in the capacity of guardian under a Notarized agreement of sale by paying entire sale consideration in the year 1987. Subsequently the father of my friend expired leaving behind his three daughters and my friend as his legal heirs.since the property stands in the name of my friend he made three portions of the aforesaid property and has executed two registered gift deeds for 40 sq.yds each in favor of his two elder sisters out of love and affection and handed over the possession to them, but he has not registered any document in favor of his third sister as her husband is not good by character but has delivered third portion consisting of 40 sq.yds to stay in as permissive possessors, and the remaining area of 135 odd sq.yds property portion he executed a registered gift deed in  favor of his wife.The vendors under the agreement of sale are not disputing the possession of my friend nor the sale transaction, but to surprise of my friend his third sister without his knowledge has executed a registered gift deed in favor of her husband the portion claiming it to be ancestral property and given a new municipal number to the said portion which was not in existence at any point of time and apart the boundaries under the registered gift deed are not tallying under her occupation  and her husband in turn sold the property to third parties who recently dismantled the said portion and at present the said portion is open land and vacant, in such circumstances what are the legal remedies available to my friend to safe guard his interest and rights over the property of the said portion.Since the property purchased by his father was under agreement of sale, as on date property tax receipts were issued by the municipal authorties in the column of Owner as "PO" 



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 7 Replies

R.Ramachandran (Advocate)     01 September 2010

Dear Rao,

Please throw some light on crucial dates like - when did his father die, when did he attain majority, when was the gift deed made by his third sister to her husband, when did his sister's husband sell the portion to third party, when did your friend come to know these facts etc., so that one can apply one's mind and if possible offer solution.

V.G.Rao Advocate (Advocate)     01 September 2010

Thanks Ramchandranji for ur response,

Actually my freinds father died in the year 1997, and my freind is now aged 30 years, and he has executed two gift deeds in the january month of this year, and his third sister executed gift deed in her husbands favor in the month of may 2010, and her husband sold the portion of property to third parties in the month july2010. My freind re validatred the sale agreement in the year 2009.

R.Ramachandran (Advocate)     01 September 2010

Do you mean to say that your friend re-validated the sale agreement executed by his third sister's husband in favour of third party? (the year 2009 seems to be a typographical error).

Having re-validated the said sale agreement, where is the question of his protecting the interest of the said portion - the sale of which he himself according to you re-validated?

Or have I understood your points wrongly?

V.G.Rao Advocate (Advocate)     02 September 2010

It seems ur are totallly mis under stood my question or confused, other wise i never expected such a stupid question from you, why my friend will re validate sale agreement executed by his third sister' s husband when there is no such agreement at all, if it exists also he is not a fool to cut the branch on which he is sitting. dear Ramachandranji my friend re validated the sale agreemnt entered by his father as a guardian when he was minor. for ur information his third sisters husband directly executed registerd sale deed, and there is no agreement of sale prior to the said sale deed. hope, you, now properly under stood my question, and expecting reply as early as possible from our forum experts.
 

R.Ramachandran (Advocate)     03 September 2010

Dear Mr. Rao,

When you are in the Forum, I expect you to use proper language.  'Stupidity' etc., is to be kept out.  First and foremost the property was purchased (and not sold) by the father of your friend, when your friend was a minor.  Therefore, where is the question of revalidating the sale deed executed by his father? And where is the legal requirement that such a purchase deed has to be revalidated?

You may have several details with you which the forum members do not have.  When you say in your earlier post that, "my freind is now aged 30 years, and he has executed two gift deeds in the january month of this year, and his third sister executed gift deed in her husbands favor in the month of may 2010, and her husband sold the portion of property to third parties in the month july2010. My freind re validatred the sale agreement in the year 2009."  what does it mean.  I understood (probably misunderstood) that you are referring to the sale agreement executed by the husband of your friend's third sister.  Because immediately after saying that your friend's sister's husband executed the sale deed, you say that your friend re-validated the sale agreement.

That is why when there is a confusion in what you were saying, I wrote:

Do you mean to say that your friend re-validated the sale agreement executed by his third sister's husband in favour of third party? (the year 2009 seems to be a typographical error).

Having re-validated the said sale agreement, where is the question of his protecting the interest of the said portion - the sale of which he himself according to you re-validated?

Or have I understood your points wrongly?

Instead of clarifying the position, you being an Advocate, use totally uncalled for comments like "you never  expected such a stupid question from me".

I once again request you to refrain from using such language in future.

V.G.Rao Advocate (Advocate)     03 September 2010

Ok Dear Ramachandranji, I will take back my words,  I never intended to  herat you and I apologize for that, however i think u again mis under stood my question wrongly, therefroe I leave this question open  for solution in the forum.

V.G.Rao Advocate (Advocate)     03 September 2010

My friend re validaterd the notarized agreement of sale of 1987 under which his father purchsed property in the name of my friend when he was minor in the capacity of his guardian.


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