Dear Client,
Witness shall not treat as consent until become part of sale deed as seller. File suit for cancellation of sale deed.
Mortgaged land
Mortgaged land purchased govt of ap in2006.there are somany issues.1) it's ancestral property (from 4gen) 2) it's already mortgaged in 1989,which is released deed in 2016. 3) my father sold without consent of my brother and me 4)we are 2brothers, I witnessed at the time of registration my brother is absent. 5) witness is treated as consent?if yes.what about my brother.plz inform details how to proceed legally
Asked 7 years ago in Property Law
Religion: Hindu
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14 Answers
property which has remained undivided for 4 generations is ancestral property
2) in your case it is not ancestral property
3) your father does not need your or brother consent to sell the property
1) If it's ancestral property than you and your brother can have share sold ancestral property.
2) Witness is for signature and nothing to related agreement data consent.
If it is ancestral property and its sold without consent of successor i.e you and your brother then you both brothers can claim share.
Your father can sell his share only without consent of others legal heirs he can not sell entire property.
You are not giving proper details in your query.
Mortgaged land was purchased by AP government in 2006, you mean this was purchased by your father in the year 2006?
If so there is no question that it being an ancestral property.
Ancestral property means it should have been owned by people belonging to 3 generations old and it has fallen to the next generations without any partition on all the subsequent three generations while the fourth generation has also come to dwell.
If this is not the case then it cannot be considered as ancestral property, hence your father ha full rights to dispose his proeprty in any manner as per his desire which cannot be questioned by anyone including his own children.
1. yes, if you were the witness then you will have a weak case if you file a partition suit to claim the property.
2. Your brother will have to challenge the sale deed and file a partition suit to claim the share in the property.
Regards
See if the brother consent was not taken and the property is ancestral (this has to be examined) then your brother can file for file for his share and cancellation of sale before the court. Since you have witnessed same it can be considered as consent.
sir registered saledeed which purchased govt of ap from my father,mentioned few G.Os in saledeed,about G.Os i searched websites and lawyers they are not giving clarity.where to get G.Os legally.for ex.. GO.MS.NO 192.social welfare dept, GO.MS.NO.29 revenue dept. how should i get?. if there is no G.Os available, what should i do
Asked 7 years ago
1)file RTI application regardingGO No 192 , 29 issued by government
Instead of searching them through internet you may better apply for the information to be furnished through RTI act.
The PIO is bound to furnish the requested information.
After that you can ascertain the position and proceed accordingly.
File a RTI with the revenue department seeking copy of said GO 29 and with the social welfare department . They will provide you with the copy.
The RTI Act prescribes a very simple procedure for obtaining information. You can file an RTI for any information From Government.
1) All these G.O will be available with mutation papers distribution office. Under RTI clause you can get all these deed reference.
you need to file a civil suit for the same.
There are books which contain all the GO
Also you may send a RTI to the department and obtain the same