A property was in the name of my grandfather. After his death my eldest uncle had made a Sale Deed for the Land in the name of his wife. My grandfather had five sons. But the sale deed is only signed by my one uncle. Now my cousins are claiming the land as their property since it is in their mother's name. Does the property belongs only to my cousins(sons of eldest uncle)? If they deny to give the share what legal step can I take on behalf of my deceased father?
Hello,
If the property is ancestral all sons have equal rights. In other words all sons should have equal rights. Unless all other brothers relinquished their rights your uncle had n right to register it in his wife's name.
I'd the property was self acquired by grandfather and he died without leaving a will all birds children have equal rights or share in the property.
In either case you can challenge the transfer of property and demand partition of the property.
Engage a lawyer locally.
As the Sale Deed have the signature of one of my uncle can he claim to have signed on behalf of his other brothers. He don't have any Power of Attorney from his other brothers?
Hi
All the legal heirs have right in the property as the grandfather died intestate.
You all the legal heirs can ask for the partition and file: a civil suit. The uncle who registered the sale deed does not have the title to do the same. The same shall be legally void.
All the five children of your grandfather shall have equal rights and the rights will be transferred to their children if any of your uncles are not alive
So send a legal notice and file suit for partition.
Dear Client,
If it is a ancestral property then all four legal heir have equal rights over the property. If it is a self acquired property and your grandfather died without a Will. in such case also, all legal heir shall have equal rights in the property.
You should send a legal notice and thereafter you will have to challenge the validity of the sale deed thereby seeking seeking cancellation of sale deed along with consequential relief of possession.
A piece of ancestral land was in the name of my grandfather, Late Lalit Kumar Bose and his two brothers Late Binoy Krishna Bose and Late Sarat Kumar Bose. A Sale Deed is being presented by heirs of Late Ashok Kumar Bose S/O Late Lalit Kumar Bose that the land is in name of their mother, i.e W/o Ashok Kumar Bose. The sellers in the Sale deed are 1. Sarat Kumar Bose,2. Amiya Kanti Bose, S/o Late Binoy Krishna Bose,3. Mrinal Kanti Bose S/O Late Binoy Krishna Bose, 4. Ashok Kumar Bose, 5. Asit Kumar Bose, 6. Asim Kumar Bose7. ,Ashis Kumar Bose 8. Anup Kumar Bose all(sl. No 4 to 8) S/o Late Lalit Kumar Bose. But the Sale Deed is signed only by Sarat Kumar Bose, Amiya Kanti Bose and Ashis Kumar Bose. So please let me know that if I s/o Late Asim Kumar Bose have share in the land, and what percentage of share do the legal heirs of Late Ashok Kumar Bose have on the land. Is the agreement valid for the share of Late Sarat Kumar Bose and Late Binoy Krishna Bose ?
1. Did your grand father Lalit Kumar Bose leave behind a will? Is your mother alive? If no will was made by your grand father during his life time then your eldest uncle Ashok Kumar Bose did not have absolute ownership to the property. As a corollary thereto, he could not have sold the entire land to any one unless all the children of your grand father consented to the sale and signed the sale deed. In the absence of a will made by your grand father during his life time all his children succeeded equally to his share which after the demise of your father came to be inherited by you to the extent of his share.
2. The sale deed, if at all it exists, could have been made on the basis of a forged will made by Ashok Kumar Bose during his life time. On the basis of this will and sale deed (if any) they may attempt to sell the property and create third party rights which would be difficult for you to impeach.
3. You should in order to safeguard your rights and cull out your lawful share in the property, move to court and file a case for partition and challenge the sale deed made by your uncle in favour of his wife. Also seek a stay against the sale of property till the case is decided.
If your uncle did not possess a power of attorney from his brothers then he could not have signed the sale deed on their behalf.
Hi, as the property is the ancestral property after the grandfather all the sons have right over the property and in your case only your uncle has signed the sale deed then it is not binding on the remaining person provided if there is any GPA executed by the remaining brother then only your uncle has right to sell the property or else they have no right title or interest over the property........ you have to file a suit for partition of your share in the civil court to get your share in the property.
1) on death of your grand father sale deed could not have been executed by your uncle without consent of other legal heirs .
2) at most your uncle can sell only his 1/5th share to his wife .
3) you will have to file suit for partition to claim your share and also challenge sale deed executed by your uncle
4) since your uncle did not have any power of attorney he had no business in selling the property of grand father without consent of other legal heirs
1.first of all you must get certified copy of said sale deed from sub-registrar office to know its contents exactly.
2. as property is ancestral all legal heirs have 1 share in said property
3.if there is no GPA in favour of ur uncle then he cannot sign sale deed on behalf of other brothers.
4.therefore, file partition suit in civil court so that each LR get its share as per court orders.
1) your grand father late LK Bose had only 1/3rd share in land . the balance 1/3rd land was in name of your grand uncles late BK Bose and late SK Bose
2) the sale deed executed by AK Bose son of late LK Bose and signed by late SK Bose and legal heirs of late BK bose will not stand judicial scrutiny as it is not signed by all legal heirs .
3) contact a local lawyer and file suit to set aside sale deed as it has been executed without consent of other legal heirs
1. This is strange,
2. When the names of all the other legal heirs were mentioned in the sale deed which they did not sign, then how was it registered? What was mentioned in the recital in this regard?
3. However, the said sale deed is invalid,
4. File a partition suit claiming your share on the said property.
1. Actually what has been recited in the said illegal sale deed is important here,
2. You can get a certified copy of the said sale deed from the local registry office,
3. Before filing partition suit, it is required to see what has been mentioned in the said sale deed for not obtaining signatures of other legal heirs, if any,
4. The drafting of your partition sit should be in accordance with the recital made in the said sale deed.
According to sec 7 T P Act every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own is competent to transfer such property. At the time of transfer you uncle could transfer only 1/5 th portion of the property vested in your grand father ( your grand father was entitled to got only 1/3 rd part of the property ).
In absence of any power of attorney transfer of property is illegal because property can't sold without consent of party. If buyer took possession over the property and his title in the property is never challenged then it may be presumed that all partners of the property have given their consent at the time of transfer. So possession can't be taken back from the buyer but sale amount would be liable to be divided between legal heirs.
A. The Sale Deed which is executed by your Uncle can be challenged and not valid in the eyes of the law. and unless released or extinguish the rights of the remaining shareholder this Sale deed will have no legality.
B. Scrutiny of Sale Deed is very much necessary to ascertain what is the actual situation?, hence apply certified copy before the Sub Registrar's office.
C. You can file a partition suit before the court and your uncle has no authority to sell the property without GPA.
D. Contact local lawyer to resolver expeditiously.
File a partition suit for the same since it is not signed by all heirs it will not be valid before the law. So file a petition to cancel the same with injunction petition restraining to sell the same
sale deed document is recognized by law when signed by all entitled persons or legal heirs. you can file suit of partition of that property in the court at the same time you can challenge legally the sale deed executed not consented by all legal heirs
