That my father purchased a land in 1990 by registered sale deed . khatian is in the name of chik caste belonging to OBC community in Jharkhand .. Father died in 2001 leaving behind mother ,1 sister and 1 brother and me eldest son.. Now I want to sale that property . Can my mother alone do registery ? since purchaser wants that my mother and we three children have to do registery .. but my sister wants her share of money if we include her .... so we want mother does the registery alone ..will it affect title of purcahser ?????... also sister has allready got some lands in her name by registered deed through my mother when we two sons were minor in ancestral property in that deed we were not included and mentioned as minor.. deed was of year 2009 ... can we two sons break that deed... also does sister has any right in ancestral land since father died before 2005 ???? also khatian of land which father bought is in the name of a OBC community ... but i have correction slip and updated rent receipt since 27 years ..and is in possesssion since 27 years till now no1 has challenged deed through which father bought land . but in Jharkhand State there is CNT act. can a person belonging to ST /OBC community can throw us out of possession ???? What steps has to be taken to break the deed through which sister got land from my mother in 2009 in ancestral property ????
If father passed away without a will then all the legal heirs will have to sign.
The buyer will not agree to take the property just through the mother, as the sister might at later stage challenge the sale deed to claim her share.
She will not have right in the ancestral land and will only have right over the self acquired property.
Regards
Sir all the three children and mother has equal share in the property and all have to sign the sale deed for selling the land further sister can claim her share by filling partition suit and she can take.stay on sale.
See nature of land has to be seen if it was with mother it was not ancestral as any la dnwith women she has complete.title over it and so therefore the registery cannot be challanged.
If the caste is listed under CNT schedule then it can be taken over by government if owner sold it and the sale can be challanged. Though for 27 years you can claim the adverse possession over it.
Sir for that registry nature of the property has to be seen it has to be seen how you are claiming it ancestral and how mother got the property if it is ancestral.and you were not given share then a suit for.cancellation of registered deed can be filed
Your father's self acquired property is not an ancestral property and it is his individual property. Ancestral property means it has to come from 3 male descendants without any partition i.e from your father's father's father. As per the Hindu Succession act 1955 after the death of the Father, his wife and children(male and female) will get equal share. Therefore, 1. Your sister has equal share like u in your father's self acquired property. 2. Your mother alone cannot execute the sale, all of you have to sign the document. 3 If your sister is refused to execute the sale deed and seek share in the property, you can execute the same in respect of yours share alone leaving your sister's share. 4. If your mother had settled your father's self acquired property in favour of sister when u were been minor, then you may challenge the same. But it should be challenged within a period of 3 years after the brothers become major. After that you cannot challenge the same
No sister doesn't have right to Property as father died before 2005. You can challenge that Registration but you may be hit by limitation.
1)on father demise your mother , you and your siblings have equal share in property
2) sale deed has to be executed by all the legal heirs
3) SC has held that daughter has by birth share in ancestral property
4) if mother has executed gift deed in favour of daughter she would be absolute owner of property
5) your query is silent how sister got land by registered deed from mother
a daughter's right to ancestral property does not arise if the father died before the amendment of the Hindu law came into force in 2005.
Dear Client,
Sister have equal share, 1/4th each. Mother alone cannot sell the land without duly authorised by her children. The CNT Act is effective in North Chhota Nagpur, South Chhota Nagpur and Palamau divisions, including areas under various municipalities and notified area committees.
Act applies to economically backward OBC and on tribal land.
Which deed executed by mother - gift deed ?
can registrar refuses to do registration if sister goes alone for doing registery in one of the plot purchased by father if she sells 25% of total plot area which she will be entitled in one of the plot ???
sister is entitled to sell her undivided share in plot by registered sale deed
registrar cannot refuse to do registration
Can my mother alone do registery ? since purchaser wants that my mother and we three children have to do registery .. but my sister wants her share of money if we include her ....so we want mother does the registery alone ..will it affect title of purcahser ?????...
Since this property belonged to your deceased father, upon his intestate death, it shall devolve equally on all his legal heirs, hence, including your mother, all the siblings have to execute a joint registered sale deed in favor of the prospective buyer.
also sister has allready got some lands in her name by registered deed through my mother when we two sons were minor in ancestral property in that deed we were not included and mentioned as minor.. deed was of year 2009 ... can we two sons break that deed... also does sister has any right in ancestral land since father died before 2005 ????
If it was your grandfather's property properly inherited by your father as his share, then it cannot be categorised as ancestral property.
If it was your mother's property which was inherited by her from her parents, then your mother shall become the absolute owner of the proeprty, by which her act of transferrring a portion of the same to your sister cannot be challenged.
You may not have any rights to challenge the same, however without seeing the proeprty documents no more opinions can be rendered considering the authenticity.
can registrar refuses to do registration if sister goes alone for doing registery in one of the plot purchased by father if she sells 25% of total plot area which she will be entitled in one of the plot ???
She cannot just like that register the sale deed without identifying her share in the property.
It may not be entertained, however there is no legal infirmity in that.
1. The registrar cannot refuse to register it. As of now the properties are not partitioned. Therefore, to ascertain her share and to divide her share by metres and bounds, she has to file a suit for partition against all of u to partition the property by metres and bounds. If she don't want to file the suit for partition, she can go ahead to sell her undivided share on the property. After purchasing the property, the purchaser can file a partition suit on the leg of your sister to partition the property and to divide her share in property. 2.As if, if you came to know that the coparciner is trying to sell her undivided share in the property, the majority legal heirs always have preemption right to purchase the undivided share of other coparciner share. If she refuse to sell the same to u but intended to sell the same to any third party then you can file the civil suit for preemption to sell her undivided share to you on the market value.
No she can sale her undivided share after mutation is done.
Yes the registrar can refuse
The registrar can not do the said registry without partition of the land