All sisters and brothers have equal share in property
2) registered deed of partition can be executed
3) file suit to set aside sale deed executed by bother through POA
Hindu right on Grand father's property
We are hindu family and our grand father purchased a property in Bihar and died in 1967.Our father also died in 1986. Partition through mutual consent was done in 2004 .Around 10 decimil land with house alloted to our mother . For maintenance purpose , mother sold 2.5 decimil in July 2011 and died in 2012. since then rest of the property around 7.5 decimil is in our possession through rent,till date we are paying house tax on the name of our grand father. We are three sisters and two brothers.Our elder brother died in April 2013. Recently we came to know about a Sale deed done in Feb.2013 of 5 decimal to Mr. X by Mr.Y . Mr. Y is attorney of power granted by our elder brother for his share in April 2011. An oral partition is also mentioned in that sale deed, while we siblings never did such a oral partition. Property purchaser Mr. X mutated the land too. Our qns: 1.Legally what share we 3 sisters and 2 brothers will get ? 2.At this time can we siblings do a registered family partition as we never did it before. 3. Can we challenge sale deed done by my elder brother through attorney ,as it came into our knowledge last month. 4. Partition suit is the only way to recover our property or any other suitable advice?
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
Oral partition is not valid in law. The brother can sell his part only if you have entered in registered partition deed amongst all siblings. All siblings will have equal rights on the said property. The mothers property after death will also be divided between the siblings equally if she doesn't have will. You can challenge the sale deed by filing suit for cancellation. Partition suit is also to determine your share through court which you can sell later
1. In case of demise of mother legally you all shall have equal share in the property that is 5 equal share in the remaining 7.5 D land.
2.See firstly you have to file for cancellation of sale done by POA of brother since there is no partition as such and he has sold way much property then his share. Also a partition deed after same for total property can be prepared.
3. Yes you can file for cancellation of the sale.
4. Cancellation suit has to be filed by all siblings.
Sale is illegal, even if it is taken that land is sold by authorize POA holder, could have sold only 1/5th share in 7.5, hence sale is illegal/void. And land is in active possession of you, i think this is forged sale without authority. POA may also be forged. Otherwise on purchase, possession delivers to buyer.
All will get 1/5th share each and deceased brother share to his heirs.
Instead file FIR against forged sale, you have possession so what is the need to challenge sale deed. Let the buyer go to court.
Can execute partition deed.
Legally you all can file suit against Mr X and mr Y along with legal heirs of Elder brother to set aside the sale done for 5 decimal land and do partition of property by metes and bound.
- You can very well challenge the authenticity of the sale deed and POA in the court. Suit for declaration shall be filled along with O39R1&2.
- Besides partition suit is the second way to get the land all name provided once the land is clear in Sub-Registrar record.
Regards
Vivek Arya
all siblings have equal share in said property and file a suit to set aside the sale deeds or to declare them invalid.
1. The share of your father in the property of your grandfather devolved equally on his widow and all 5 children. The share of daughters is at par with the share of sons in the self acquired/separate property of father. You are free to cull out your share in the property of your father by filing a partition suit.
2. A registered family settlement can also be done.
3. If your brother has sold only his share in the property then your legal rights are not violated, hence you cannot challenge it except if it is dwelling house.
1.Well, our father's proprty includes a dwelling house and a plot. we(mother and 5 siblings) are alloted 1.66 D each. (1/6 share of father's property) .Mother sold 2.50 D ,some extra than her share . What is legal aspect here ?After her death this loss of extra equally devolved on her heirs ,her 5 children ??? If yes each heir now alloted 1.5 D (1/5 of rest property). 2.When brother granted POA of his share ,he had share of 1.66 D , mother was alive ,no prev.sale,even no partition. But when he sold 5 D through POA ,he had share of 1.50 D as mother died after selling some parts . Pl.tell what share had he right to sell throrgh POA. 1.66 D or 1.50 D? In both cases he sold much more . 3.Furthermore, if we do a registered partion among us, which suit will be approprite here to be filed ? Any FIR against buyer or POA ? Or any other suitable advice..
Asked 4 years ago
Mother could not have sold more than one sixth share in property
2) on mother demise each legal heir has one fifth share in property
3) brother had 1.66 share and he could sell that portion of property
4) contact a local lawyer
Sale against excess to 1/6th by mother is void. Through POA, only /6th could have sold.
For partition no suit require, mutual they can execute partition deed, register at sub registrar office. FIR againt buyer and POA holder.
1. The sale may be challenged though the complete scenario for same has to be seen. Yes if you leave aside the already sold partition then in that case of the remaining land the legal heirs get equal share.
2. He could have sold only 1.50D as per his share in the remaining land.
3. FIR against the POA can be filed for selling the property illegally and cheating and further the suit has to be filed after same is decreed you can register partition deed among yourself.
1.Yes it will be devolved equally.
2. You can challenge his share in court.
3.you can execute registered partition deed or suit for the same. Suit will take time.
1. The so called sale deed can be challenged in court of law because even if there existed any power of attorney deed, it was not valid if it was an unregistered document and it stands automatically cancelled upon the death of the executor of the power deed.
Therefore you and other siblings have rights for an equal share in the property.
2. Yes, you can.
3. Ascertain the facts and then proceed considering the facts as stated in the para 1 above.
4. Declaration suit.
1. Each heir is entitled to one equal share on the remaining property.
2. He can sell only 1.66 but he has sold 5 D, hence you can fight for the entire thing old.
3. Partition deed among yourselves and file a declaration suit with possession from the other person who is reported to have bought the property.