• Need advice on grandfather property

Hi ,

My grandfather is alive(75 Years) and he has purchased acres of land when he was young, In my dad child hood he left the wife and kept one lady ( not married) till now but in identity cards my grandfather name mentioned as husband. He and second lady staying together , and we are seeing him and supported in farm land for water motor and other cultivation activities till 15 years back as we stayed near to their village as my father has job, After that my dad got transferred went to far way location for our education and other family issues. 

when his health condition is not good(i.e he is not able to think what he is doing correct or not) from past 3 years, and second lady is forcing( not in front of us) to sell him and changed his mind as against us. And we are asking him not to sell the land , we clearly told them that we don't want the land now, give only after you and second lady expiry only till then don't sell any thing. as you don't have any financial problems, if financial help is need required we are ready to help. he is agreeing on it when we are discussing it but after two days again searching for buyers, like this he is doing for 9 months. he only admitting that my health is not good, i did not remember what i have said to you, but i want to sell the land as i am having issues with others.


Is there any thing we can do here, as his health condition is not good, not make any land selling agreements with any one's ?
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

1. Get him treated by a medical practitioner first.

2. In the prescription, the doctor should mention his ailment which will certify that he is not in his correct mental state.

3. If it is established that he is not in his stable mind, then any agreement or deed executed by him will not be treated as valid for which you can challenge all the sale deeds he registers henceforth.

Krishna Kishore Ganguly
Advocate, Kolkata
27535 Answers
726 Consultations

Hi,

The grandfather is the lawful owner of the land and he can sell the land if he wish to do so.

The lady living with him for a long period can compel for the share in property if he dies without any will.

You have no option to stop him of his actions as this is a property acquired by him.

I think you people should take good care of him and the lady and that may change his mind to take this decision to sell the land.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1) get your grandfather mental health tested

2) medical tests would reveal whether your grandfather is mentally fit or not

3) if he is not mentally fit seek an injunction restraining grandfather from selling the property

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

it is better you take the part of property as you can as gift either in your name or in the name of your father from that old guy.

there is a possibilities that the said lady compelled your grand father to make a will in her favour, what will you do.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

As your grand father's property is self acquired he can sell it provided mental condition is good

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

You have not mentioned that your Grand Father property is self acquired or ancestral. Assuming that it is self acquired land, he can gift or sell the property to anybody he likes. You cannot stop. Whatever you said is genuine. Till his death he will enjoy and after his death it will be distributed equally including his second wife. You can enter into registered Family Settlement Deed in the above method.

If he still does not listen to your proposal and be stubborn, there is a way to tackle the issue. You contact me through Kaanoon.com.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

Since it is his land and has been acquired by him you can not do much about it.

Keep an eye and as and when he finalizes and go to execute the sale deed, inform about this health and mental condition to the registrar saying that he is beig forced to sell the land.

It is just the idea that I can think right now, else you do not have any legal remedy as such.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Since the land belong and owned by your grandfather, therefore you have no right to the land till he is alive. If you want some portion of the land all you can do is to get a portion of the ;land by gift deed or you can buy the land.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

This property is his is self acquired property and hence he may do anything with the same during his lifetime, including selling this off without taking any one else's permission or consent.

However, at the same time, the decision to sell, must be his owñ; and the said sale should be under his free Will and consent. No one can push him externally to sell this off.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

During life time of your grandfather you and your father have no right over the property, he can sell/gift to anybody no laws can prevented him. If your grandfather died intestate and left behind your father then your father and said lady(identity need as legally married) would become joint owner and even you have no right. However if he now execute gift deed in favour of your father or you then you will became absolute owner.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

Hello sir , you can file a suit for permanent injuction and partition in court and obtain a stay order So that he is not able to sell the land..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Neither you nor your father have any rights in your grandfather's property especially during his lifetime.

You cannot legally stop your grandfather from selling his self acquired property or any property that belongs to him.

If your grandfather is insane then you may prove the same before court with medical documents certifying his mental state and seek for appointing a guardian to him during this intermittent period.

The legal guardian of the insane person can stop him from selling the property on the basis of court guardianship

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer