Who sold the land in 1985 after grand mother demise
sale is contrary to terms of grant as it could not be sold for 15 years
Gov Grant land in 1981 to my fathers grand mother name with Restrictions 15years not sell,gift any Transaction. granted person Death after This land it's sell 1985 Legal hairs.claim this property. Pls help me
Who sold the land in 1985 after grand mother demise
sale is contrary to terms of grant as it could not be sold for 15 years
My Father and step brothers sold
If the granted land was sold after the lock-in period of 15 years after obtaining specific approval from the jurisdictional Deputy Commissioner to sell, then it will be in order.
Land granted by government in 1981 sold in 1958 after death of grantee. Land sold before end of restriction of 15 years. Legal heirs of grantee can recover the land as it is sold before expiry of restriction period. File a suit for recovery of land.
If the condition of granted land has been violated then the subsequent sale deed becomes invalid.
Even the legal heirs cannot claim any rights in it now at this stage.
For further opinion the relevant papers of the property should be perused.
It is not understood that in what capacity they sold.
If they were the beneficiaries of the property or successors in interest upon the death of the allottee then also they should have complied with the imposed conditions before alienating the property.
- Since there is condition not to sell the said land within a period of 15 years from the date of allotment , then any sale during this period is invalid.
- Hence, after the death of the allottee , her legal heirs having right to claim over the said property legally.
- Further, none except the legal heirs of her having any right to claim over the land, and if they sold within the restricted period that sale may be declared as invalid .
Limitation is applied or not for claims in this case. Beneficiaries Claim and allottee Great Grand sons possible to claim.
You have to file suit to set aside sale deed
2)however since 37 years have passed since sake of land the defence would be claim is barred by limitation
- Limitation can be applied 3 years from the date of knowing the sale transaction by the legal heirs.
If the government decides that the transfer of property by the allottee within the stipulated restrictive period is in violation of the conditions, then the property may be taken away by the government.
Then there is no question of either the beneficiary or the legal heirs claiming any rights over the property.
Dear Client,
Granddaughter and grandson have an equal share in the ancestral property along with their father. In case if the property of grandfather is self-acquired, the grandson or granddaughter will have the right to succession only if the father dies before the grandfather.The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive.The grandchild does not have a birthright on the self-acquired property of the grandparent.
Thanks & Regards