• Agriculture land sold by father without my consent

I am working with bank and posted out of my town for last 15 years. We have agriculture land in Satara district in Maharashtra state. Part of our arguments land my father soldin very cheap price to businessman of pune in year 2007. Me and my brother who also leaving out of state unaware about this deal. Also my father is alcoholic and we are now in doubt may be that goon has taken their signature with offering them drinks. I am seeking your guidance can I am eligible to file suit against that purchaser to retain that land. Now land 7/12 also showing that businessman names on record.

Please help us with possible solutions and under which act we can file suit. 

Regards
Rahul chavan
Asked 5 years ago in Property Law
Religion: Hindu

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22 Answers

If this land was the self acquired property of your father, he could have very well sold the same and didn't needed any consent from his sons.

But if this land was ancestral property, and you and your brother also had a share in this property, this unilateral sale by your father is bad.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

You can file the suit in court about validity of that sale deed challenging the same on ground of valid consent, fraud and cheating

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

Your father is absolute owner of the land abd is at liberty to sell land without your consent

You can file suit to set aside sale of land if it is ancestral property

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

1) If the property belongs to ancestral property and your age at the time of property sold was above 18 years and as you said that you and your brother was out of village or town for employment purpose.

2) Actually as per limitation act, to make appeal in the court, time has been lapsed. You can't make it appeal against purchaser.

3) There is one way, you have to tell court that you came to know that land has been sold by your father in the last week and file the case against that businessmen. If the property is ancestral, otherwise if it is self owned by your father than no use.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

A. First you need to get clarity as to whether the property acquired by your father was ancestral or self acquired or joint family property? if the property origin was self acquired then you cannot challenge his sale transaction.

B. Secondly, property transaction was happened by way of registration in front of Sub Registrar then this transaction cannot be denied by quoting any vague reasons.

C. In case the property nature was joint family or ancestral character then you and your brother can challenge the same before the Court and you will entitled get share over the property.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Hi

You can initiate with a criminal complaint of cheating against the business man who is the present owner stating that the signatures of your father were obtained by him under the influence of alcohol.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have not stated that how did your father acquire the landed property.

Assuming it to be your father's self acquired or inherited property, it can be termed that it was your father's own and absolute property.

You say that you and your brother have been staying out of the town for 15 years or more, so you weren't interested in the property till it was sold to a third party.

You must become aware that since it was your father's own property he had full rights to sell the same in the manner he desired and to the person of his choice.

Your father's authority to sell his own property cannot be challenged even being his son.

If you suspect a foul play and have evidence for that then you can ask your father to file a suit to cancel the sale deed, you cannot directly involve in this litigation during the lifetime of your father.

You may consult a local advocate on all such further issues.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

You have not mentioned whether it is self acquired by your father or ancestral.

Assuming if it self acquired, then your father has absolute rights to alienate the property in favour of anyone. If it is ancestral, then file a petition to set aside the sale, partition and separate possession.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Firstly, though it is very difficult to prove that he has taken signature by cheating, but yes if the price is quite below the market price of that time then being alcoholic of your may come in your favour.

Secondly and Lastly, we need to look for the limitation period also to challenge it.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

1.It is not sure whether the land sold was his self acquired proeprty or your ancestral property.

2. if it was ancestral property then only you have some merit in challenging the sale .otherwise it would be losing battle.

3.Even if it is self acquired proeprty of your father testify that taking advantage of his drunken state the goons under force or coercion got his signature and register the proeprty then also the court may set aside the sale.

So meet an advocate and act accordingly.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
407 Consultations

5.0 on 5.0

1. Who is the owner of the land? If the title of the land vested in your father then he was at liberty to sell it to whoever he desired for whatever amount. There are no fetters on the right of a title holder to sell his land, he can sell it for peanuts.

2. If the consent of your father to the sale of land has been obtained under coercion then it is for him to challenge the sale deed as illegal. Neither you nor your brother has any locus to challenge it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The said land was owned by your father.

2. He has sold his said land to some one as per l;aw by registering it in Registration Office.

3. The property was sold in the year 2007 i.e. before 11 years and till now your father has not reported any unfair act or measure taken by that man.

4. There is no law in our country which debars a seller who drinks though a drunk person can not be allowed to register the sale deed by the Registrar.

5. Your farther has not signed the sale deed in isolation but has signed it in presence of the Registrar and at time he was not drunk and was eligible to execute and register legal documents like sale deed.

6. You have no fruitful legal recourse available before you to challenge the said sale deed registered by your father to the said businessman of Pune.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

As you have no legal right on the landed property, you cannot stop your father from selling.

You both along with you mother can file a civil suit restraining you father from selling the land being an alcoholic but the decision of the court may or may not be in your favour.

The best advise to both of you is make reasonable monthly allowances to your father to meet his expense day to day needs and try taking him to some rehabilitation center

You are gainfully employed and must financially support your parents to live a dignified life.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

1) if it is ancestral property file suit to set aside sale of ancestral land

2) mention fraudulent sale was discovered recently only and suit has been filed within period of 3 years of discovery of sale

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

If you have proof tht this was ancestral property then you can file a partition suit claiming your share out of your father's share in it.

If that is the case you can file a partition suit instead of a suit for cancellation of the sale deed.

But remember that the burden to prove that this was ancestral property lies on you.

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

For above all your questions I have answered in your previous queries.

Still you can file a suit against businessmen for yours and all brothers & sisters (siblings) particular shares. If your grandmother is alive than her share, your mother's share only your father share will be take by that businessmen. Check agreements in the registrar office and get photo copy of it for further details.

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

1. If it is ancestral, file a suit for partition without delay.

2. In mitakshara law, a son acquires right by birth in ancestral property and your father cannot alienate without your consent. Even when you were minor, your portion of the partitioned area should not been alienated.

3. You can file the suit from the date of knowledge of the transaction.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. On what basis do you call the ancestral?

2. Ancestral property is one which is originally purchased by great grandfather and remains undivided for four generations.

3. Furthermore, the test is whether the property was ancestral in your hands as on the date of sale. If it was ancestral in the hands of your father but not in your hands then he was free to sell it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes if the same is ancestral land, then definelty you can approach the court and claim your share in the court of law

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

It is not a legal impediment that the deal was done in 2007, since you gained the knowledge recently therefore you can now approach the court for cancellation of the sale deed, and for claiming your share of land.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

1. Your instant ground is different from what you have placed in your 1st post.

2. If the title of the property has not changed for 4 generations, then your father has no right to sell the entire property without the signature of you and your siblings or other legal heirs.

3. You should first collect the certified copy of the title deed of the property and after being satisfied that it is an ancestral property as defined by law, you should challenge the sale made by your father.

4. In the above event, it is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

1. Check if the Sale Deed was duly registered with the sub-registrar of assurances. IF the Deed was not registered that name on 7x12 is illegal and can be claimed, via a civil suit, by the sons, on ground that Father was coerced /mislead due to his alcoholism and imbalance of mind.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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