My blind father prepared nominee deed and nominee is two step daughter and step mother.my father prepared nominee deed in 2003.Gujarat Housing Board prepared saledeed in name of step mother nominee.yet in presence of my father.nominere deed not cancelled.My step mother sold my father Flat on 15/06/2016 to third party.My father died on 11/04/2018.we have come to know after date of my father.my step mother all amount transfer her name.We are four legal hier of my father first wife.We can entiled for share of sale property. Please guide for our share.First sale deed is prepared in 2003 by Gujarat housing Board. It is void or voidable it.is time bar?my step mother sold on 2016 by sale deed.How we can cancelled this sale deed please inform us all procedure.
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Nomination can not override the law of Succession.
So on the basis of mere nomination she could not have sold the flat, more so, if your father was alive.
Though 12 years have passed from the date of the disputed sale you can take a later date of knowledge to have cause of action within the period of limitation.
You need to file suit for cancellation in the civil court
You file partition suit before Court and make parties to all for Division of property.
Your step mother may not get but your two sisters may get the share.
1. Blind Person CANNOT execute any document (including Nominee papers), without the presence of Oath Commissioner or Registrar of Sub-Assurances or any other Constitutional authority. Hence the so called "Nominee Deed" is legally invalid, null & void & infructuous.
2. Sale Deed of 2003 or 2016 cannot be cancelled after the limitation period is over, since it affects rights of new buyer party.
3. However "ALL" the residual legal heirs of deceased Father, are entitled to EQUAL share in all the property of Father, by filing a local Civil Court suit, to claim amount from the Sale Proceeds of the sold property.
4. IF first wife of Father was alive at time of marriage of second wife, THEN second wife is illegal and is not entitled to any property. Hence check this fact. Try to coordinate with a local property lawyer, with all the available documents.
Sale deed was executed in favour of your step mother by housing board
2) If step mother had no source of income you can claim share in sale proceeds as property was bought in her name for benefit of joint family
1. Nominee does not succeed to the exclusion of legal heirs. He is just a trustee of legal heirs.
2. However, if the sale deed itself is in favour of your step mother then it cannot be challenged.
3. It is not void, it is voidable.
A suit for cancellation of sale deed must be filed in the district court. The suit can be filed within 3 years of the sale. But you may file it after saying that you came to know about it now.
File a 420,406 IPC complaint against them
Madam,
Just being a nominee and being the owner is different thing and you are suggested to file the case for cancellation of sale deed and share of the properties among all legal heirs of father. All concerned members (including the buyer) will be party to the case. The case will be filed in the district court.
- As per law, a nominee cannot transfer the property without the approval of other legal heirs.
- Since, your father had executed the nominee deed in the name of two step daughter and step mother , but during the life time the nominee deed cannot executed , and like a WILL it is executed after the death of maker.
- Further, after the death of your property his property would be devolved upon all the legal heirs , and further a nominee needs approval from legal heirs to sell a property.
- Hence, your step mother was not having any right to sell the nominated property without all the legal heirs , including the legal heirs of first wife.
- Further , the limitation period to cancel / challenge a deed is 3 years from the date of execution or from the date of knowledge.
- Since, you can know after the death of your father i.e. 2018 , hence legally you can challenge the said sell transaction done by the step mother , as your limitation will run from 11.04.2018, and not 15.06.2016.
- You should send a legal notice to all the other legal heirs for dividing the property equally.
- If , refuse , then file a Partition suit before the court.
Sale deed can be challenged only if there are sound legal grounds. If it has been executed by fraud, co ertion etc it can be challenged but one need to prove to the court the grounds on which it is challenged.
You can claim for your right as per law. kindly contact lawyer at your city.
If the property was transferred on name of your step mother by your father during his life time then you cannot claim share from proceeds of sale or claim for cancellation of sales deed.
File case in court for cancellation of sale deed. Actual owner was father and nominee deed is not valid document to transfer ownership or authorise to sell property.
Cause of action arise after the death of father to claim share in sale amount as per inheritence act.
The property acquired by your step mother and subsequently sold during lifetime of your father cannot be challenged at this.
Any property sold after the lifetime of your father can be challenged and a case can be filed before concerned court of law
