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Deepika (Student)     10 April 2012

Regarding constructing the house legally

Hi

My mother had been allotted a land by the government, but we didnt get its papers for about 3 years or so and my family is unaware of it too.

In this mean while, that land had been sold to some other people by other persons.

We had got the papers from the mandal office two years back.

We are unable to construct the house at that site, as the one who had bought it from others, are creating the problems.

Kindly tell me some path so that we can construct the house legally.



 8 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 April 2012

Dear Deepika,

 

File a suit for declaration/permanent injunction. Whereby the court would ask these persons to refrain from interfering with your enjoyment of your property, the Court would also declare the rightfullness of your ownership. 


Feel free to talk!


(Guest)

Dear Querist

File a suit for declaration and injunction wherein the court would pass a declaration to the effect that the ownership of the property rests with you, and would further restrain them from making an unlawful interference with your possession.

 

Regards,

ASHISH DAVESSAR

DELHI, CHANDIGARH

08427414792

balwinder s bains (Nil)     10 April 2012

 

Dear Ashish ,

Please suggest the following;

  1. A is grand father and he acquires property from his father B partially via will and some part via court decree. As B has 5 sons and he prepares will in year 1962 and passes away in 1982 and ater his death the transfer of ownership is registered in equal parts with in 5 brothers. Question is? So as possession of some part of the property was given way back in 1962 but was not registered in the name of these five brothers. Father asked or the all 5 sons file a suit and get the decree enforced from court for registration in their name jointly. Questions are?
  2.  Is it a ancestral property for the grand son and can he claim his share from the grand father in case he sells the property to her daughter? 
  3. If this is not acestral property then how can grand child claim his share as his father iss no more? 
  4. In aother case the possession was given by the graet grand father to his 5 sons way back in 1962 but the mutation or registeration was not done in revenue records and GGF asked his 5 sons to file suit in the court and they filed and civil court issued decree to register the deed in the name of all 5 sons,
  5. Now the Q is, Is it a ancestral property for the grand son? Can he claim his share or can file suit for declaration the sale deed void signed by his grand father in the ame of her daughter?  
  • Your early and quick advise will be highly appreciated.
  • Please oblige.
  • Best regards,

(Guest)

 


 

Dear Balwinder,

 

1.       2. Presuming the property in the hands of the great grandfather was his self acquired property, the grand father upon a bequest of the same made by the GGF,  took it as his exclusive property i.e his self acquired property. It would devolve according to Section 8 of Hindu Succession Act. Therefore, there is no question of the grand son laying a claim to this property as ancestral property.

5. It will still be the exclusive property of the sons of the testator (GGF).  The grand father took the property from his father as his self acquired property. Hence, he is at liberty to decide the manner in which the property would be dealt with. He could give his share in the property to anyone he desires. The sale deed in favour of the daughter can be impeached on the ground that it was not executed by the grand father with his own volition, subject to the limitation period of 3 years.

 

REGARDS,

ASHISH DAVESSAR

DELHI, CHANDIGARH

08427414792

balwinder s bains (Nil)     10 April 2012

Thanks very much Ashish,

But in case the property with GGF was again a ancestral one, Can that be challanged on any other grounds, I have posted few such queires separately in new topic.

Reproducing here as well:

Topic; Period to challenge a will created violating legalities

 Respected Experts

Can you please put a light on the following very important law queries;

  • 1. If many years back say about 50 a will was created which violates coparcenery rights today in the ancestral property of a kid or minor of just 4 years of age, Can this be challanged in the court of law?
  • 2. What is the maximum permissible period to challange it?
  • 3. Who can if permitted challange it on behalf of a kid having his father already expired?
  • 4. Can this part of the act it self be challanged which states that if property is acquired by will or court decree (of course from legal ancestral coparcenery property) it automatically changes to self acquired property of the beneficiary? Is this not a violation of some one else's rights?
  • 5.  Is there any other remeddy avaialble with in the course of law peripheries so that the victim a 4 years fatherless kid in this case get his legal share in the ancestral property?
  • 6. Is there any legal orgaization or help available for such cases and kids to protect their birth right?
  • Your reply on a priority basis will be highly appreciated.
  •  

Thanks & Best Regards,

PS: I would like to contact you, where are you located in Chandigarh.


balwinder s bains (Nil)     10 April 2012

 I would need your help to under stand your phrase completely.

" The sale deed in favour of the daughter can be impeached on the ground that it was not executed by the grand father with his own volition,"

 


Can you please guide me a bit more on this.
 

(Guest)

Dear Balwinder,

I tender the following response to your questions.

 

1.  It can be challenged.

 

2. The limitation period to challenge a will is three years from the date of knowledge of the existence of the will.

 

3.  His next friend can challenge it.

 

4.  The Act nowhere makes a statement to this effect.

 

5.  The child may himself challenge the will within 3 years from attaining the majority.

 

        6. There could be some organizations working in that direction. I regret my lack of knowledge about them.

 

You may contact me on my contact address.

 

REGARDS,

ASHISH DAVESSAR

CHANDIGARH, AMRITSAR

08427414792

1 Like

(Guest)

The sale deed can be challenged on the ground that it doesn't fulfill the fundamental requirements of a free disposition i.e the consent  to transfer the property by way of sale was not voluntary and the same was given under coercion, undue influence or that sale deed is a fraud.


REGARDS,

ASHISH DAVESSAR

DELHI, CHANDIGARH

08427414792

1 Like

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