My mom purchased two plots (opposite to each other, with an area measuring 586 s.yrds) in 2005 from a person who got them (along with some other plots in separate deeds) by sale cum GPA in 2003 from a pattadar. The pattadar got 15 guntas (appr. 1815 s.yrds) as a share of his ancestral property, and sold within the course of a decade (including the GPA agent who sold to us). When we started constructing a building in the plots (after taking permission from gram panchayat) last year some aliens disrupted the work claiming the ownership of the plot. When we asked to show the evidences they started bullying that we scold them on the name of cast. Following to this the pattadar's wife & daughter sent a fake caveat (as it has not registered with the court) us. Then we registered a caveat twice following to this. During this entire episode I was away from the country for my PhD. As I came to India recently, I started investigating on the land transactions (by survey #) using chief commissioner of land administration portal (Telangana). Over all I understand that in 2015 after the pattadar (mentioned above), has passed away(year?) his wife and daughter have made a parikhatt dastavej (partition) for 14.3guntas. Based on this document they made two sale deeds and dana dastavej (donation) until 2018 August for 9.3 guntas (which is the open plot left after the constructions by other plot owners from 15 guntas that sold by the pattadar before he passed away). Following to this in September 2018 they illegally mutated the sold plots (of 14.3 guntas) on pattadar (who is no more), his wife and daughter. This case clearly shows fraudulent activity by the family members of the pattadar, and I am sure that there is no point for them to claim the ownership with the illegal documents. Now my questions are... 1. Can they claim the property stating the pattadar has sold the property without their consent? I understand from Supreme court 's decision on Kehar Singh (D) Thr. Lrs. vs Nachittar Kaur on 20 August, 2018 case that the karta of HUF can sell the property for legal necessity of the family. Also his daughter can't be the coparcener of the ancestral property as this has been disposed (by sale cum GPA) before [deleted] (i.e. before the release of of amendment to Hindu succession act 2005). But, unfortunately no reason was mentioned in the GPA ( the link doc for our sale deed). However when the GPA agent sold it to us, it is mentioned that the property was sold for vendor legal necessity (not sure this implies to pattadar as the GPA acting on behalf of him). 2. What is the way forward to us. The time is not the friend of us as the permission that we took for the construction would last by May 2020. 3. They are demanding 2 lack rupees per plot for settlement, but I am sure this is not the right way as it linked with some illegal registrations. So,is there any easy way to cancel the partition deed made in 2015 by the family members of the pattadar?
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Partition is invalid for two plots-as they were already sold by their father/husband. They never had any say or consent require to sell the property. It was pattadar personal properties.
File police complaint against daughter/wife. I don`t think this property was HUF, even it was, barred by limitation to challenge sale.
Don`t give anything and file complain of extortion also,
you have to file suit to set aside fraudulent partition deed and sale deed executed by family members of deceased
2) for declaration that you are absolute owner of property
3) injunction restraining family members of deceased from disturbing your Possession pending hearing and final disposal of suit
Dear Client,
You may file a case under 420 of Indian Penal Code.
Yes the pattedar can claim the same but it may not stand in court as you have registered gpa. The gpa transfer was barred by supreme Court as this increases illegal transaction and multiple sales.
Yes you have the right law point that HUF karta can sell the sane for emergency and requirements of HUF. For speedy thing settlement is only option. As court will take time. You can decide or contest the same
First file a suit in District court for Declaratory title and permanent injunction.
Thank you all for your glorious responses. @Yogendra Singh Rajawat, (1) The pattadar (let's call A), who sold the plot, has got this from his father (B) as a share from 30 guntas. B has got his share from his father (C) from 60 guntas. For each occasion the land had been entered into revenue records under the corresponding name. Now, I just wonder whether this is considered as ancestral property of A ? Is there any reference (perhaps some section of an act) to address this Question? (2) What should be the subject to file case on wife/daughter? @ Ajay Sethi,can we start construction with injunction while waiting for the hearing on suit to set aside fraudulent partition deed? @Jaswant Singh, what should be the subject for 420 case? Just to inform, we never dealt with them for any land transactions as we got the plot from GPA agent. @Prashant Nayak & @Mohammed Mujeeb, I agree with you
You can carry on construction on your land if no injunction has been granted restraining carrying on construction of said land
Best of luck
Wife has no claim even if property is ancestral. Assuming intestate succsion and no WILL or Gift executed.
On what date you purchased it ? Even daughter had no right till half of 2005 in ancestral property.
@Ajay Sethi, sounds good @Prashant Nayak, thank you @Yogendra Singh Rajawat, - Reg intestate succession or Will or Gift execution, I guess there is none as the person (lets call A) has sold all his land (i.e 15 guntas) before his demise. Otherwise his wife & daughter would have referred such thing in parikhat dastavej that was registered in 2015. So, are you saying spouse has no right in this case as per HUF? - We purchased it in on [deleted] from a GPA agent. This guy got this plot by sale cum GPA in [deleted] from A (whos wife and daughter have done parikhat). So... A ---> to GPA agent (in 2003), GPA agent ----> to my mom (in 2005) Overall, can I take yes from you that 'A' need not take consent from his wife and daughter at the time of signing the sale cum GPA in 2003? It would be great if I could get opinions from other esteemed advocates as well with regard to taking consent while karta is selling ancestral property.
In case of HUF also consent dose not require and karta can sell the HUF property for the benefit of it's members. So consent never required. Further if they were not consented, now matter is barred by limitation to question sale of HUF property.
And without court order, they have no stake and you valid owner.
A need not take consent from his wife and daughter at time of signing sale /GPA
Karta can sell the property owned in the name of HUF only in case of legal necessity for family needs and for benefit of the estate.
karta need not take consent of other coparceners of the family, since he has absolute right to manage the HUF property. ...
Dear sir
You can also file a police complaint against the duo of mother and daughter for blackmailing you and fake records(documents) . This act will be punishable under Indian penal code
1. Since your mother bought the property by a registered sale deed, let she not give up her claim for any reason.
She may challenge their claim in the court of law on the basis of her registered sale deed.
2. As there is no restriction to construct the property, you may proceed with the proposed construction however since the legal disputes are not going to be solved without arriving at an amicable solution on this, you may try to reach out for a solution through reliable sources if you want to continue with the peaceful constructions.
3. By arriving at a compromise, you may get all the illegal issues legalised by preparing such documents which are reliable and relevant to the present dispute so that your sigh a relief after that.
To your subsequent questions:
I dont think ther is any karta involved in this selling of the proeprty.
The legal heirs somehow made some fraudulent selling in the name of legal heirs and not as karta.
since you have a registered title document in your favor, you can challenge the same in court of law, you dont have to get into the trouble of their family disputes in this regard and try to act innocent before court so that the court will decide the case on merits.