Sir,after the death of my grandfather my father his 9 other shillings and my grandmother shared the whole property. But since 2 of them were below 20 years at that time so my grandmother took the property in their behalf and gave thumb impression and then registration done on that basis in every one name.this happen in the year 1979.in 1986 those two person who were below 20 in 1978 they finally gave their property to the rest. And registration done. Now one of them (my father's younger sister) wants to case a file to get the property back. Do we have any problem if she file case? Also after filling the case can we sell our own property before judgement of the case?please help
Asked 2 years ago in Property Law from Kolkata, West Bengal
Actually as mentioned above among two of the above who were below 20 in 1979 one of my uncle died and his property were shared by my father and 4 ot 3 other brother of my father.and the other is going to file a case. Sir during case running can we sell our property. All our property are registered and mutations are also done
Asked 2 years ago
1) on your grandfather demise each legal heir had one eleventh share in property
2) your father is absolute owner of one eleventh share
3) if the 2 legal heirs have relinquished their share in 1986 by regd relinquishment deed they cannot claim any share now
4) your father is at Liberty to sell his share in property
1) on death of uncle his share would devolve on all his legal heirs
2) if he was married it would devolve on his wife and children
3) if he was a bachelor it would devolve on his siblings equally
4) your aunt can claim her share in the property
Sir if my aunt file a case now then can my father sell his property before getting the judgement . I am talking about the property which was there with my father from very beginning.
Asked 2 years ago
1) your father can sell his one eleventh share in property
2) if any stay is granted by court your father will not be able to sell his property pending hearing and final disposal of the suit
1. Once your father's siblings had gifted or relinquished their share in favour of their siblings the transfer of property became absolute. No rights can now be claimed by them with respect to the property which they transferred with their free consent.
2. They can succeed to impeach the transfer only if they can prove that the same was vitiated by absence of free consent.
3. Your father should contest their case in the court.
4. Unless there is a stay order passed by the court you are at liberty to sell.
You are not so clear about the nature of case and whether any order of restraint is passed or not.
If there is no injunction order against transfer of property is in place then any of the co-sharer can transfer the property.
However such transfer would be subject to the final verdict of the suit pending.
If your aunt or uncle have decided to file a case seeking their share, whether it is maintainable or not will be decided by court after trial proceedings before it.
Until there is no stay or injunction restraining the defendants from alienating the property during the pendency of the legal proceedings, there is no harm in selling the property to a third person.
The facts you rely upon for example the relinquishment of their rights over the property by the aunt or uncle who propose to file a suit can be taken up during the trial proceedings in the court.
1. Yes, the two siblings of your father can surely file a partition suit of the property duly challenging the sale deed who purportedly executed when they were minor,
2. Yes, you can sell the property of your grandfather which was partitioned in favour of your father.
1. The two siblings of your father who were minor when they purportedly executed the conveyance deed in favour of your father and also your dead uncles family members or the brother who did not get the share of the property of your dead uncle can challenge those conveyance deeds,
2. Your father can sell only his partitioned share of his father's property.
Yes, your father can sell only his share of he property which was partitioned in his name and the partition deed registered.