• Can my grandmother take back the property which my grandfather sold me

I bought a property from my grandfather and he died two years ago. And now my grandmother wants it back and filed against me. It's not an ancestral property and he got it is as pattayam from kerala government in 1972.I bought it in 2010.And he died in 2017.And now my grandmother and my maternal uncles want it back.They are threatened me and filed a case against me to nullify the deed.what to do?I don't have help from my father and mother. I am a scheduled caste women of 36 and I married a man who is from OBC category. Should they snatch my property from me as they are scheduled caste and senior citizen?
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

Case will dismiss. Whether schedule caste or senior citizen, no help. First of all case is barred by limitation , secondly, not maintainable.

Hope you have purchased through registered sale deed by paying consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Start process to vacate the house. Longer they will stay, more time will take to evict them. Your ownership is intact.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You have purchased property by registered sale deed 

 

2) you are absolute owner of property 

 

3) your grandmother and uncles have no share in property 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Under no circumstances should you bow down to pressure tactics 

 

you are absolute owner of property and no need to return the property 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Hello,

As the deed is a registered one the transfer was in accordance with law. Hence there is no need to worry.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. NOBODY (including any type of near-distant relatives) can stake claim on a property purposes via a Registered Sale Deed.  The right-title is absolute at the hands of the buyer party.  The scenario would be different, had a Gift Deed was executed.

2. The Civil Court will not allow any relief to anybody on such Title-Owned property which was PURCHASED via a registered Sale Deed.  Hence there is nothing adverse that can be done legally against you.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If it's ancestral property then the sale will be invalid without grandmother and other legal heirs consent. If it's self acquired then she can't take it. 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Since the property is sold by your GF through registered Sale Deed, you are absolute owner of the said property.

Neither your GM nor your Uncles have any right, title or interest in the same, and that, they cannot demand the property from you. Contest the cases filed by them (if  any) by producing the document executed in your favour on merits.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If you have bought the property by a registered sale deed then you are the absolute owner of the same. 

They cannot do anything about it even though they have filed a lawsuit out of frustration. 

You can file an injunction suit against them to restrain them from interfering in your possession and enjoyment. 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You can refuse to accept their demand and also file a suit against them as suggested in my previous post. 

If their tortures are beyond tolerance you may give a complaint against them before the local police station also. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

They cannot take it back feom you. He sold it to you and therefore they have no claim over it. The limitation period is also over.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File for eviction and they cannot do anything as you have the sale deed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

once the document has been registered it can't be cancelled unless through the process of the court in your case the Cancellation deed is not valid as the property is already transferred , so question of cancellation does not arise.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you have to file suit for eviction in the Court and ask them to vacate the property..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. If you have purchased it on the basis of a registered sale deed then on what ground has the suit been filed? Your query does not reveal it.

2. Be that as it may, you can fittingly contest the suit. The sale deed can be challenged only on the ground of lack of competence of your grand father to sell it to you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See they cannot take the property if there is valid transfer through a registered deed. Grand mother has no right to.property of grand father if he transferred same in his life.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See they cannot ask it back you can file police complaint for torture and harassment and intimidation against them and also file suit to evict them from the property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. They cannot take the property back from you if you have paid consideration for purchasing the property from your grandfather. 

2. Only point which is against you is that you have not taken possession of the house. 

3. Try to take possession of your house and file counter claim for claiming the possession of house. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- As the said property was a self acquired property , hence No son/ daughter/wife or any other relative was having legal right over the self acquired property of your grandfather during his life time , and it was upon his wish how he wants to transfer or not transfer it. 

- Since you have purchased the property from your grandfather by way of registered Sale deed, hence the documents executed by him are having legal value , and non challenge-able.

- Your grandmother or other relative cannot snatch your property even they are SC or senior citizen. 

- If your grandmother is not ready to handover the possession to you , then you should firstly issue a legal notice after mentioning that you are the legal absolute owner of the property , and her status in your property is limited to a licencee .

- If no response, then you can file mandatory injunction case to get the possession legally. 

- You can give any relative to file this case after executing POA  as well, if you are unable to reach the court .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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