• Grant land

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
Asked 3 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

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 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

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.

 

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Sale is void as contrary to terms of grant 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You can contest the same legally if you desire to

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
5130 Answers
42 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

- 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 . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

- Limitation can be applied 3 years from the date of knowing the sale transaction by the legal heirs. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Yes limitation needs to be seen from the knowledge of the same to you. It's generally 3 years

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer