• Gift Deed and Sale Deed

We lived in a land from 2005 of my grandfather(Actual Owner).
Govt. Sanctioned an amount to build home under scheme of "Indira Abas Yojona" with written Affidavit of my Grandfather in 2007.
my grandfather passed away in 2008. 
Only 3 (three) Successors had sold the total land out of 8 (eight) successors without any written consent of other five Successors in 2010.
(total 8 Successors- 2nd wife, five(5) daughters and two(2) sons including my father) 
My father is only one son of 1st wife of my grandfather. (She Passed Away Approx 65 years ago)
After death of my father (one successor) in 2015 All other Successors including sellers had made a gift deed of same land to my mother in 2016. 
buyer of land mutates his deed in 2016 and total land had been mutated. 
Now we are facing many problems as the total record of land has been transferred to buyer's name from my grandfather's name.
please suggest me- 
*Now what Should we do to get back the Land?
*What Legal Action can be taken up Against sellers who again signed the gift deed after selling?
*Which deed is more valid and how much valid among sale deed(2010) and Gift Deed(2016)?
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

The sale deed is not valid and shall be challange before the court along with the mutuation.

As sale deed executed without consent of other legal heirs is invalid.

* If they have sold only there share then registered sale deed is valid but at same time they cannot sale the complete.property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. On death of your grandfather your father inherits undivided equal 1/8th sahre.

2. So if few of the co sharers sold the land depriving the due share of your father the said action can be challenged in court.

3.in other words if your father is willing to get back his due share he will have to file a suit for partition seeking his due sahre.

4.if a portion of joint proeprty is already sold he can seek setting aside of the said deed as well in the same suit.

5. he can file petition for injunction also so no portion of joint proeprty is further soled during the pendency of the said partition suit.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

I suggest you to clearly explain as it is somewhere uneasy to understand from your points been given by you.

It can be resolve only by challenging all those actions under a civil suit in court.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File a suit for cancellation of sale deed as it is infectious

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

After the Death of your grand fathers the power are inherited to their legal heirs (8 Successors)

1) All 8 Successors are equal right shares holder as per HIndu Succession Act, Class I heirs

2) The Rights are Transferred by way for Transfer of Ownership (Land sold) to Buyers. And land is transfer on Buyers Name for 3 Successors Share rights.

3) The Gift Deed is invalid for the shares of 3 Successors who have already sold the land.

4) The Gift Deed is Valid for the shares of % Successors who have not sold the land but did Transfer of Ownership by the way of Gift deed.

5) Both Sale deed and Gift deed are partially Valid according to shares rights of Successors.

6) Legal action can be take against sellers who have signed the gift deed after selling the land, Fraud, Misrepresentation.

7) Which deed is more valid ......... ? refer answer point 5.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You have to file suit to set aside sale deed executed in 2010 as it was done without consent of other legal heirs

2) once land had been sold by sellers in 2010 they could not have executed gift deed in your mother favour in 2016

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

U can file for partition of land. As there were only 7 successors alive not 8 so property will devolve in by 1/7th share.

So, up to there share, sale was valid but not of rest 4 successors, U can file FIR against the 3 successors.

Also, can approach Court for cancellation of Sale Deed. If possession is not with u than seek possession also.

Gift Deed of sellers not valid as they already sold their share.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since your father was one of the legal heirs to your grandfather, upon his intestate death, the share of your deceased father in your deceased grandfather's property shall devolve equally among all his own legal heirs, i.e., you, your mother and other siblings.

You have a right to claim your share in the property and can file a partition suit claiming your legitimate share and separate possession of the same

You should ignore the fact of sale deed or any other transaction done with this property, you are to concentrate on your share in the partition suit which shall be the proper remedy and legal option before you.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. Has the said gift deed executed by all the legal heirs of the said property in favour of your mother been registered by paying the required stamp duty and registration fee?

2. If yes, then the said sale deed registered by only three legal heirs is invalid.

3. You should send a letter to the BLRO/Terhshilder enclosing copy of the gift deed validly registered in favour of your mother asking him to mutate your mother's name as the owner of the said property by deleting the name of the said buyer since his sale deed is invalid.

4. You can also file a declaratory suit praying for a declaration that the said sale deed registered by only three legal heirs is invalid and the gift deed registered in favour of your mother by all the legal heirs is valid also praying for a direction upon the Registrar to cancel trhe registration of the said defective sale deed.

5. The gift deed registered in favour of your mother is only valid and not the other one.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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