I have query regarding a pending case.
Mr. X having ancestral property died due to which the property automatically went to his wife as the family relation was going in smoothly. Thereafter, Mrs. X transferred the property to the Mrs. A through GPA, will and all the legal heirs i.e. sons of Mrs. X gave NOC to the same. Please note that Mrs. A was the daughter in law of Mrs. X.
Mrs. A was having five children i.e. three daughters and two sons.
One of the grand daughter of Mrs.A was to go to out of country and hence applied for education loan. As a condition of loan it was required that the grand daughter was suppose to have some property in her name in Delhi. Seeing this, it was orally agreed between all the daughter and sons of Mrs. A that Mrs.A will make registered sale deed in favour of her husband as well as her grand daughter. Accordingly a registered sale deed was prepared, however, it was agreed orally among all the legal heirs that once the loan will be repaid then the property will be transferred back to all the legal heirs in equal proportion.
During the pendency of loan, Mrs. A expired, intestate. Thereafter, husband of Mrs. A also expired with a registered will in which he explained all the circumstances.
Now, grand daughter of Mrs. A and her mother are trying to sell the 60% of the property in question. 50% share of grand daughter through registered sale deed and 10% of mother share as legal heir. Grand daughter and her mother are trying to sell the property in violation of oral agreement.
One of the legal heir i.e. daughter of Mrs.A has approached the court in suit for declaration and injunction i.e. to declare the sale deed as null and void and to restrain the respondent i.e. grand daughter and other legal heirs to create third party interest in the property.
Now the queries are:-
1. Whether the property in question can still be treated as ancestral property?
2. If yes, then whether Mrs. A being the custodian of the ancestral property had any right to sell the property in question to any one?
If no, then I would be grateful if any of you expert can provide me with any judgement on the same.
3. Whether it is necessary to incorporate the relief of partition in this suit?
4. Any other judgment to support the cause of plaintiff.
I would be grateful for your contribution. An early reply from experts would be appreciated.