• My father sold our family asset without our awareness/consent and he died

Selling of Partitioned property : 
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My Grand father acquired some assets, and he equally shared the asset to all his sons. And this partition deed is registered and signed by all. Every one enjoying their respective share. 

My father got 15 gunta revenue land from the above said partition. He developed 6 sites from this 15 gunta land on 2002. And he sold all those sites by 2006. And he expired / died on 2007. Myself and my mother are not aware of these sales, and purchasers also have not taken any consent sign from my mother and me. ( I am 35 year old now ).


My question 1 : Can we ( me and my mother ) question the sale of sites by my father without our consent. 




Selling of GPA property :
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Apart from above partitioned assets, my father and his brother got 3 sites each from his father via GPA from their father at 2001 ( my father share is 3 sites ). And my grandfather died on 2004. 
My father sold 2 sites when my grandfather was lived. And he sold 1 site at 2006 after my grandfather died. ( My mother and me are not aware of these seles ).

My question 2 : Is my father eligible to sale the site on 2006 when my grand father died in 2004 ? I mean, GPA becomes invalid after my grand father death right ?.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

1) once partition has taken place it is you r father self acquired property

2) father can sell the 15 gunta land received by him without consent of his wife and children

3)any suit filed by you to set aside sale of land would not succeed

4)on demise of your grand father GPA comes to an end . your father could not have sold the site on grand father demise

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

No, you can't question the sale by your father because after he received the 15 guntas of land pursuant to the registered partition deed, the said share of his assumed the nature of self acquired property. He was free to dispose off this self acquired property of his in any manner.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

The 2006 sale wasn't permissible under the GPA issued by your grandfather because with the death of your grandfather, this GPA lapsed.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, you and your mother can challenge the sale deed executed by your father as it is the joint family property he can't sell without your consent.

2. As far as GPA is a concerned, Once the principal died the GPA has no value in the eyes of the law, so any future transaction is bad in law.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

no, its your father self property and he can sell it as he likes. But your father must have received purchase money, enjoy that .

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

Dear Sir/Madam, as per your query, my answer is that, "No, ancestral property cannot be sold without consent of successors in case of major (in case of major and in in case of minority you might have to take permission from the court). if property disposed without consent can be reclaimed). So no need to worry except the wastage of time running from pillar to post in the court premises.

And also this property is not earned by your father so he can not sell it to anyone. According to succession law you and you are legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it in. ... if you want more advice in this regard, please contact me.

.... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

Answer 1 - As evident from your query that the nature and ownership of the property was exclusive in the name of your father from your grandfather through any registered document, then the same will be treated as Self acquired property and he is eligible to sell off the property on his own free will to anyone legally. Also if you want to make any claim in the matter the same is barred by limitation as right now we are sitting in the year 2017 and the sale transaction happened in the year 2006 more or less the purchaser is a bonafied purchaser with a possession over the property more than 10 years.

You may try and file a claim, but is difficult to get any satisfactory order from the court and you may just waste good money on unnecessary claim.

Answer 2 - The Sale done by your father in the year 2006 through GPA is wrong and illegal but the same happened as your father concealed the fact that his father expired 2 years back which makes the GPA invalid and the said transaction Void.

Arun V S
Advocate, Jaipur
64 Answers

Hi, since the land was self acquired by your grand father , which was duly transferd to your father , therefore he was the complete and sole owner of the property .. It cannot be considered a ancestrol property , so you have no legal claim over it .. The sale deed by your father is legal and valid

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

It is your father's self acquired property and he can dispos of the same as per his will, any suit against the same will be a futile exercise.

Since with the death of your father the GPA comes to an end therefore any transaction wrt the same is nothing but nullity.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

My question 1 : Can we ( me and my mother ) question the sale of sites by my father without our consent.

The property that belonged to your grandfather was duly partitioned by him among his sons, thereby his sons have taken possession of their respective shares. Thus they become the absolute owners of their share in the property.

This being the case, nobody can claim any share in their share of property as a right during their lifetime.

Therefore neither you nor your mother do not have any rights in his property and hence your father is not required to take your consent to sell his own properties.

My question 2 : Is my father eligible to sale the site on 2006 when my grand father died in 2004 ? I mean, GPA becomes invalid after my grand father death right ?.

No doubt the GPA is invalid after the death of the principal, whereas who will contest this, the legal heirs who are entitled to a share in such properties only can contest it and not by a third party who has no interest in it.

If your father sold the property in the capacity of the GPA after the death of the principal, then the legal heirs of the principal i.e., your father and his siblings only can raise an objection to this.

Since your father is one among the legal heirs and the other heirs also have been allotted with their respective shares in the properties, there can be no claim towards this from their sides.

In any case you dont have any rights in the properties hence you cannot raise any objection to this.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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