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
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?
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
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.
The sale took place in year 2004, and its been sold subsequently to other party in 2020. Isnt it time barred now?
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.
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.
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......
- 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.
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
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.
Actually you mother should have take objection at that time, for any civil court litigation for above case its barred as per limitation act.
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.
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.
You can challenge the transfer by filing suit for cancellation and recovery of your share in the said property
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.
Within 3 years. But you may file a suit along with an application for condoning the delay in filing the case.