• Wife's right on land purchased by her husband through registered sale deed on 19-7-57

Wife has purchased land measuring about 4 acres from her husband through registered sale deed dated 19-7-1957, at the time they got 2 sons and one daughter, thereafter they got one daughter and one son. husband during the year 1962 has sold one property measuring eleven half guntas in favour of others and husband died in the year 1963. Now no property stands in the name of husband, now last who is born 1-6-1962 has filed suit for partition in respect of the land measuring 4 acres which alienated by his father in favour of his mother on 19-7-1957 stating that ancestral property. whether mother is absolute owner by virtue of the sale deed dated 19-7-1957?
Asked 5 years ago in Civil Law

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14 Answers

The matter is contestable as the transfer of property to wife through sale deed with consideration in 1957 before the birth of the child can be challenged as ancestral property transferred to wife for just transfer of ownership to prevent legal dispute in future.

Now the property is the self acquired property where in the consideration paid for acquiring the property is an element to contest for.

Please get ready with all your income document to prove that the property was purchased by you with due consideration.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Yes, the mother is the absolute owner even if the property is anscestral as it has been sold prior to the birth the subsequent children.

Rest can consult for detail discussion.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

Once sale deed is executed mother would be absolute owner of property

2) property which has remained undivided for four generations is ancestral property

3) in present case son has no right on property bought by mother from her husband

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

Hello,

1) If the property has been transferred to the mother by a Sale Deed that is registered in her name the ownership rights gets vested in her and she becomes the absolute owner of the property and no one can stake any claim or demand a partition of the said property as she has acquired it for a consideration.

2) The 1962 sale by the father is questionable as well as he had no right to sell as the property by then was that of the mother by virtue of the sale deed.

3) The question whether the property is ancestral before it came to the father is what matters. As far as the son is concerned if the property was self acquired by the father who then sold it to his wife, has absolutely no claim and the property to that extent is not ancestral by any measure as to qualify as ancestral property the property should have been handed down 4 generations undivided

S J Mathew
Advocate, Mumbai
3408 Answers
175 Consultations

5.0 on 5.0

Any property which was was ancestral in nature, once devolved upon the husband pursuant to a partition/division, became the absolute property of the husband. Said being the case, the husband was free to transfer/alienate the said property to any one as per his wish.

Thus, mother became the absolute owner of the property transferred to her vide sale deed dated 19.7.57 and thus, the claim of the son in question is devoid of any merits.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

It becomes your mothers absolute property and it is her prerogative to transfer according to her intention. Such transfer by your father to mother should have been challenged within the limitation period. Even if it is ancestral, transfer in favour of your mother cannot be challenged.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

Whether the land sold by husband to his wife was ancestor property, if it is then the son may claim for a share with a relief in the suit stating that the said sale deed is not binding on him. Until entire family history is not studied concrete legal opinion cannot be given. Mother cannot be come absolute owner under sale deed date 19.07.1957 if that property was ancestral property of her husband, otherwise she is absolute owner of the said property.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

1. The said 4 acres of land was purchased by the wife from her husband through a registered sale deed in the year 1957.

2. The wife is the absolute owner of the said property.

3. This is not an ancestral property at all.

4. Her son can have no right, title and interest on her said property during her lifetime.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Since the property was transferred by the husband to his wife vide sale deed after paying the proper stamp duty so that property do not remains an ancestral property.

Further an ancestral property is the one which has not been transferred, divided, partitioned etc. for three continuous generation and has come to the third generation as it is. In this case the property was transferred on the level of first generation only and it is the second generation who has brought up a case on the ground that it is an ancestral property. The case itself is prima facie a flawed one. She has instituted a wrong case on a wrong ground and hence she is not entitled to get any relief from the Hon'ble Court.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Dear Client,

She is absolute owner by virtue of Sale Deed and on her intestate death, her sons and daughters (including the children of any per-deceased son or daughter) and the husband have equal right in the property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The wife purchased land of 4 acres from her husband in 1957. So if she has died intestate then this land devolved through succession on all her children equally after her demise. Consequently, any child can cull out his/her share by filing a suit for partition. However, it is not ancestral property.

2. The mother surely became the absolute owner on the execution of sale deed in her favour by her husband but her land devolved through intestate succession if she did not make a will during her lifetime/.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The claim by one son seeking partition and share in the property on some flimsy reason is just nothing but a vexatious act and out of sheer greediness or frustration.

The case is not maintainable

The mother who acquired the property by a registered sale deed is her own and absolute property in which nobody has any rights or claim legally.

T Kalaiselvan
Advocate, Vellore
79206 Answers
1614 Consultations

5.0 on 5.0

Facts are not provided in complete manner. Is the land purchased by your mother from father is an ancestral property ?

If so, then ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

You will have your share in the said property if you are able to prove that the said property was the ancestral property.

Amit Kumar Banil
Advocate, Guwahati
7 Answers

4.0 on 5.0

Hello,

the same does not qualify to be an ancestral property.

Ancestral property is one which remain undivided for four generations.

If the same was alienated by the father during his lifetime then the legal heirs will not have any claim on the property and the wife will become the absolute owner of the same.

regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

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