• Want to know my right on grandfather's property

Hi sir/madam,
               My grand father had 3 and acres of agricultural land. It was gift deed from their uncle in 1953. He enjoyed the said  property with full rights. 

My grand father had 3 sons. I am the son of elder son of my grand father. In 2004 my grand father and their 3 sons gone through portion as 80+90+90+90(from elder to younger). With that my grand father is having 80 cents and my father is having 90 cents. With the family understanding those 80 cents came to our part but ownership still on the name of my grand father(80 cents). 

My grand father was passed away on march 27th 2011. After 4 months on 14th July 2011 my father gone through mortgage loan from a private financier based on 1 acre 70 cents. I signed as a witness for that agreement.

    After 2 years i.e on 10th july 2013 my father gone through sale agreement without our(my sister and me) knowledge. From 2 years he took the position on the land whomever buy the property. 

     Recently he (the person who buy the property) approached the court  that my father is escaping from his part of contract of a sale agreement. I clearly told him that "that property belongs to my grand father and don't want to sale. Whatever the money you had given to my father, I took as a responsible and can give you back". But he is not listening. My father is also telling the same. Now my father is with my wish only.

     I have cleared half of the mortgage loan which was took by my father. 

I want to know that
1) how much my father has right to sale the property without our knowledge?
2) how much right he(who buy the property) is having?
3) my rights and ways to keep the property?

Thanks in advance.
Asked 3 years ago in Property Law from Sattenapalle, Andhra Pradesh
Religion: Hindu
1) once deed of partition is made your father is absolute owner of the property . 

2) your father is free to sell the property . 

3) you and your sister have no share in property during your father lifetime 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1) on your grand father demise his 80 cents would devolve on his legal heirs 

2) namely your father and his 2 brothers 

3) your father could not have sold more than his share of 80 cents ie around 26.5 cents 

4) if other brothers move court they can get stay of the sale 

5)no person will buy property if title is not clear and marketable . if there is mortgage existing on property unless debt is cleared title would not be clear and marketable 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1) how much my father has right to sale the property without our knowledge?
Your father has full rights to sell the property which was inherited by him as a share in the partition arrangement made among themselves earlier.

2) how much right he(who buy the property) is having?
The buyer will have rights as per the sale agreement entered by him with your father (if the agreement has been registered)

3) my rights and ways to keep the property?
You do not have any right in that property.

But as for deed still 80 cents is on my grand father's name only. Can he has a right to sell that 80cents too? And more over it is under mortgage. Can any one sell or buy the property without clearing mortgage?
Presently my father also not interested to sell the property. Is there any ways to cancel the sale agreement.
The 80 cents still lying on your grandfather's name shall devolve equally on all the legal heirs of your deceased grandfather alone and will not pass on to the next generation of the legal heirs.
How can he sell the property when it is under mortgage is a separate subject not involving the legal heir subject.  It is the problem of the mortgagee and if the mortgagor intends to sell the property to a third person during mortgage without the knowledge of the mortgagee, he will be held liable for the legal consequences. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

1. After the partition between your grand father ans his children the share which came to your father became his self acquired property, which he was at liberty to sell, mortgage or gift to anyone he desired. During the lifetime of your father you have no share in his property.

2. The property which was owned by your grandfather on the date of his demise has been inherited by his children equally. Your father is at liberty to sell his 1/3rd share in the property of your grandfather, but the sale has to be preceded by a partition among your grandfather's heirs.

3. A property which is mortgaged cannot be sold except with the consent of the mortgagee. 

4. The sale agreement can be cancelled by either the buyer or seller if there is a violation of the agreement by the other party.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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