Upgrad LLM

mother sold land to one son


My father was died in 1999. Then our ancestral land was equally  transferred to  me, my brother and mother. But recently, in April 2010, my mother sold her share to my brother (under his pressure).

How can I claim for my share in the property sold by mother to my brother? , as this is our ancestral land.

Kindly, suggest me in this regard. I'll be very thankful.

 
Reply   
 
Lawyer

If your mother sold her property under undue influence by your brother, which is a vitating element for a contrat, then the contract is void.  Hence that contract can be declared void by a court of law if you are able to proove that the sale is due to undue influence or coertion.


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Legal Manager

The share of your mother is her exclusive share and it is her wish to give to anyone.  But if you think that your brother has obtained it under undue influence or pressure then I agree with the above advise of Mr. Bobby.  You can file a Civil Suit for Cancellation that the deed executed by your mother in your brother's favour is invalid and consequently seek declaration that you are entitled to equal share of your mother share. 

 

First issue a legal notice.  Best of luck.


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Dear sir,

          Thanks for reply.

      As per HINDU SUCCESSION (AMENDMENT) ACT 2005, all children have equal right on ancestral property.

So, can i challenge on the basis of HINDU SUCCESSION (AMENDMENT) ACT 2005, that the mother cacn't give it to one child, as it is our ancestral land so both brothers have equal right. Mother can't sold it to one

 
Reply   
 
Advocate, Chennai

I disagree with the above opinions. The mother's share is her own came to her while dividing among other legal heirs of father. Mother's share can be devolved on you  only after her life without any will of her choice. Since your mother is alive and sold to a son is legally valid. You have no locus standi to challenge the sale in any event. It is she (and she only) who can challenge the sale if held by force or undue influence, etc., In other words, if you can sell your share to anyone of your choice, can't your mother do that with her share?


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Reply   
 
practicing advocate

When a person gets the share at the time of allotment it becomes absolute property of him/her.  In your case your mother is absolute owner of the property so she has got every right to sell the property to anyboyd according to her wil and wish.

 
Reply   
 
Property due diligence 9422773303

In indian susession act  female is the absolute owener of  her property. she can alinate it at any way. but if u can proove that the deed was signed under pressure the dsle is void. 

 
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