• Selling inherited property without the consent / knowledge of other legal heir

My grandmother had a property which she didn't leave any will for before dying. My mother is her only child. After her demise, my grandfather sold the property without the consent /knowledge of my mother claiming tht he is the sole owner of the property and there is no other legal heir. The property had been sold in 2004. Are we left with any legal option?
What is the time limit within which we should have filed a suit?
Asked 5 years ago in Property Law
Religion: Hindu

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20 Answers

You should file suit to set aside sale deed 

 

2) seek injunction restraining sale of property 

 

3) suit has to be filed within period of 3 years of knowledge of sale 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

1. On the intestate death of your grandmother, the property would devole to your grandfather and your mother, being the only child to them.

2. Your grandfather should not have sold the property ignoring the right of your mother.

3.  Limitation period is 3 years or within 3 years after your mother attained majority.

4.  However your mother can request for condonation of delay by giving valid reasons and file a suit against your grandfather and the buyers of the property to claim her rights in the jurisdictional and competent court.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

Claim would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Even though it's time barred, an attempt can be made. An attempt may be a failure but there should not be a failure of attempt.

Shashidhar S. Sastry
Advocate, Bangalore
5634 Answers
339 Consultations

When did you come to know that property was sold without the consent of all legal heirs?

The limitations would start the day you came to know that the inherited property was sold without the consent of all legal heirs. 

You have right to claim Succession certificate and may go for partition suit based on documents and other facts of the case of your inherited property. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The time limit to challenge the sale deed executed in the year 2004 is 3 years from the date of knowledge.  Once the sale deed dated 2004 is declared void the subsequent deeds would also be void.    Steps to be taken by you are:

 

1. Immediately file a suit for  declaration, possession, permanent and mandatory injunction and consequential relief of cancelling the sale deed against your grandfather, first and second buyer.

 

2.  Take stay against the second buyer so that he cannot creat further third party interest over the property.

 

3. Take the help of senior civil lawyer.

 

Any delay in filing the suit would give rise to multiplicity of the litigation as the second buyer would sell to the third buyer and third buyer would sell to forth and so on......

 

 

 

 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

- As per law , after the death your grandmother intestate , her property would be devolved upon her husband and children i..e grandfather and your mother equally. 

- Further, after getting the equal share , your grandfather can sell his share to anyone without the consent of your mother , but cannot sell her share . 

- If, your grandfather has sold entire property , then your mother should send her a legal notice and thereby ask her equal share in the  property left by her mother. 

- If no response, then file Declaration & Partition suit before the court . The limitation can be run from the date of knowledge , so she should claim that she came to know recently when she ask her share from your grandfather. 

- Further , all the transaction done by your grandfather would be cancelled , as without partition , all the sale deed is invalid. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Since no objection has not been taken from your mother by your grandfather this deal can be contested and for this purpose you have to file a suit for cancellation of the sale deed and you have to make the purchaser as well as you and your grandfather is party to respondents please be aware that in this would you have to pay the court fees according to the value of the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Your mother is also a legal heir and has equal rights in her mothers property as much as her father has rights. He cannot sell that property without the consent of your mother. You can raise objection as there was no consent of your mother, and that time you did not even no about the sell transaction. This time you got to know about it and raised the objection.

Only your mother can claim her rights. You do not have any right in your grandmother's property until your mother is alive.

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

1. IF property title was in name of Grandmother and she expired with WILL, THEN "ALL" are residual hindu legal heirs (Grandfather and sole Daughter) are entitled to this property in EQUAL proportions, without any exceptions, whatsoever ....

 

2. IF property is already sold, THEN a Civil Court Suit can be filed to claim share in Sale Proceeds of the property from grandfather. This can be done by legal heirs of Grandmother, within time limit of 3 years, from date of receipt of sale proceeds.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Actually you mother should have take objection at that time, for any civil court litigation  for above case its barred as per limitation act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a 420,406IPC  complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

If your mother is alive why did she not take any legal action against this sale of property in which she is having half share as a legal right.

Even now she can file a partition suit claiming partition of the property (even though it is sold long ago), with separate possession of her legitimate share in it.

If your mother is not living then her legal heirs can file this suit claiming her share .

There is no limitation for partition suit.

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

You dont  bother about the sale of property.

You should concentrate on your legitimate share in the property alone.

Hence you file a suit for partition against your father, let him explain before court  about his illegal; sale of property after which you can implead the subsequent buyers as necessary party to the suit.

You are entitled to a share as a right i.e., your mother.

 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

You can challenge the transfer by filing suit for cancellation and recovery of your share in the said property

Prashant Nayak
Advocate, Mumbai
34653 Answers
249 Consultations

Section 65 of Limitation Act, 1963, is 12 years . 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Of course your claim barred by limitation. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

If you had knowledge of sale of property in 2004 then you cannot claim any share because of limitation of ten years from date of sale to challenge the sales deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Within 3 years. But you may file a suit along with an application for condoning the delay in filing the case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is. But you may try. The girl has a share, half the share. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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