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guest_0002 (others)     03 October 2022

My uncle sold his share of property to my father without consent of his children

We are part of a Hindu family.

My father has inherited about 2.5 Acres of agricultural land from his father by virtue of the partition of ancestral property by my grandfather among their children.

In 2006 my uncle (my father's younger brother) sold his share of a property (2.5 acres) to my father.

My Uncle has 2 daughters and 1 son. 2 daughters were major and 1 son was minor when my uncle sold the property to my father. 

Also, note that he had sold another 0.5 acres to my other uncle (to my father's other brother). Maybe in 2005 or 2004.

The sale deed which my father has purchased from my uncle has the signatures of my uncle and aunt (Uncle's wife) are there.

I'm 32 years old now and my brother is 30 years old.

Are the property sales made by my uncle to my father is legal and valid??

Now, one of my uncle's daughters is warning us that she will go to court to reclaim the properties sold by my uncle by approaching courts?

What are the legal remedies available to us ?

Whether the purchased properties from my Uncle without children's consent is any of concern if we approach the courts of law to reclaim our properties? 

Do we have to pay them back the sale considerations from our pocket or is our father or uncle liable to pay their children? 

We wanted to know how we/purchasers are liable for the sale which my uncle did??

Please advise and guide me in detail. Even though the purchase had happened with my uncle's intent, now after 16 years my uncle's children are returning to reclaim the properties. My uncle and aunt are still there and indirectly supporting their daughters.


 2 Replies

P. Venu (Advocate)     04 October 2022

How was the partition effected? Was it by metes and bounds and/or partition deed registered?

Facts posted suggest that the uncle's property had not been ancestral and hence the children could not claim any right in the property during the father's lifetime.

guest_0002 (others)     04 October 2022

Sir, Thanks for the reply.

The partition got affected through the partition deed and it is registered. This was done when my grandfather was alive and all his children (including my father + brothers) signed. 

Please let me know if you need any other details.

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