• Property

Hi,

I am really stuck, my father was remarried in goa - he did a civil registery wedding - he was a severe alchoholic in and out of hospital. He bought two properties in 2007 but did the sale deeds in 2013 (got married in 2008). He was very vulnerable.

When he passed he was in mid range through divorcing his second wife. She abused physically and mentally and put him into hospital for breaking his leg. When he was in hospital she stole all funds from his accounts so he was unable to pay for medical treatment. 

When he passed away my brother and i went to look into properties of my fathers the flats as he left a will that he notorised but didn’t register for his child me and my brother - he believed they were both in joint names it turns out one is in both names on the sale deed. The other is solely in his wife’s name that we was divorcing, he also filed an FIR against her before he passed for theft of his money and physical abuse breaking his leg. The money that was used to purchase both properties was bought from was from my grandfathers inherited money which I full evidence of it entering my fathers account and paying directly for the properties. 

On the deed where the property is in alley her name he has not signed on the deed at all! His signature is not present nor is there a gift deed to her. She has NO funds at all and has never worked. The time they were paid for his wife was married to someone else. She has
Admitted to the police he was a chronic alcoholic.

Can I cancel the sale deed of the flat with solely her name on the deed? The flat with both of their names what are me and my brother entitled to?

Which grounds should I enter a claim?
Asked 4 years ago in Family Law
Religion: Sikh

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13 Answers

1. See in flat co-owned by your father and his second wife you have 1/3 share in 50 percent share of your father , also in flat owned by second wife of your father she is absolute owner.

See your father paid amount and registered it in name of his second wife even though moment was received as inheritance father was absolute owner of it and he willing purchase flat on his wife's name so even you file suit she can contest and has strong ground. 

You can file a suit for same seeking that your father was owner of the property and he purchased from his own source of income second wife is just owner on paper.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you need to file suit for cancellation of the sale deed before civil court

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

It is necessary to peruse sale deed mentioned b6 you 

 

2) sale deed cannot be cancelled 

 

3) you and your brother have to file suit to claim share in property bought in set mother name as bought for benefit of joint family 

Ajay Sethi
Advocate, Mumbai
94511 Answers
7484 Consultations

5.0 on 5.0

If the flat is on your father 's name with jointly with his second wife, still you both are eligible for your share in the father's share.

 

You can apply for legal heirs certificate and succession certificate in the court and apply for mutations papers on your name.

 

At least ask you brother to make application for legal heirs Cert in the Tahsildar office and show every where you both also have rights in the property by applying as a legal heirs of your father in the property.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1.  Your query is phrased casually, hence difficult to understand and formulate an opinion.

2. Be that as it may, sale deed executed by your father in his wife's name cannot be declared void by the court unless you are able to prove that it was executed by him without free consent.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your father in this case is not divorced so the property left after his death will be divided equally between all the legal hairs including his wife.

I will be difficult to prove that property in her name is purchased by her husband from the fund from grandfather title suit will take lot of time and energy and the feet of the title suit is not yet known.

Until and unless a person is divorced  the wife remain in  for her rights as widow and previous behaviour in not material.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi

File a case of fraud against her.

Also file a civil suit for cancellation of deed with all the proofs you have.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Sale deed cannot cancel, you can only file file partition suit. That lady has 1/3rd share in property and rest 2/3rd inherited by you and brother.

And you can continue the criminal case filed by father as legal representative.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

1. You can file a declaratory suit praying for a declaration that the said flat actually belonged to your father since your step mother did not earn any thing and the consideration for buying the said flat was paid by your father only..

 

2. Once the Court declares that te said property standing in the name of your step mother belonged to your father only, then you and your brother can claim  share on the said property along with your step mother, being the legal heirs of your deceased father. 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

There is no provision in the Transfer of Property Act or in the Registration Act, which deals with the cancellation of deed of sale. Registration Act confers no power with the Registrar to cancel a document which had validly been registered as per the Act and Without reviewing the relevant documents it is difficult to provide a definitive view

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You can lodge FIR against her second wife for forgery of signatures of father as well as using fake documents for transfer of property owned by your father. 

2. You can also file suit to set aside the transfer deed on her name on ground of forged signatures, forgery of documents and fraud committed with your father. 

3. Only if you can prove above mentioned grounds then you can set aside the deed on name of your father's second wife. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The property lying exclusively on the name of your father's  wife  shall be her own and absolute property.

Even though your father has funded for the property, the court will say that since he had intentionally bought the property on her name for her benefit, it becomes her own property hence there is no question of cancellation of sale deed or anything to claim the property by you or your brother.

Perhaps in the other property, you, your brother and his wife can have an equal share in his half share of the property which is on the joint names of both.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Yes you should file a suit for cancellation of the sale deed on grounds that the money paid by her belonged to your father and she didn't have any money.

 


Therefore you too have a share in it being his legal heir.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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