Take search in sub registrar office and obtain certified copy of sale deed
fike suit to set aside fraudulent sale deed
seek injunction restraining sale of property by daughter
Property sale from parent to daughter
My grandpa sold his plot(open land) to her younger daughter before death.he has 3 daughter and a son(older).as he sold his plot he did not inform his older\nSon.the daughter also did not inform his older brother.the sale deed amount was around1-1.5 lakh\n(Property value at the time of sale was 25-30 lack minimum)\nAfter. Death when the son asked for the property papers the daughter said they lost it.after asking for several time she informed after 1 year of his fathers death that the plot was sold to her.so he can't take the papers of property.is this transaction of 1 lakh is legally ok or not and what the son can do in this matter to get the property back
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
- It can be established that the transaction is sham property worth 30L being sold for 1L. This cannot be normal transaction. Why should a father sell his property to daughter, he could registered a gift deed also. Gift deed is not registered coz it is open to challenge, sale deed is registered to show that it is commercial transaction.
- Why did the transaction was carried out in secrecy and why did daughter did not disclose immediately to family?
- If property is ancestral, grandfather has no right to transfer the property to daughter without consent from all legal heirs.
- Challenge the sale as sham, fraudulent and registered under coercion.
@ravi shinde ji,the plot was purchased by my grandfather so its not ancestral. Many advocates told us that the plot was sold by grandfather to daughter so they can sell at any price(so the son cant do anything)-is it true?also is there any time limit to file suit cuz its already been 2-3 years.is there any way to solve the dispute without a suit?,and lstly if we go for suit what proofs or facts do we need in the case
Asked 3 years ago
Suit to set aside sale deed should be filed within
period of 3 years
2) take the plea that sale deed was executed under coercion or undue influence as it had been sold at price lower than market price
If the property has been transferred by a registered sale deed to her, it can be deemed that it is a valid sale/transfer.
If the brother suspects foul play then he can gather evidence to prove the fraudulent transaction and file a suit to declare the sale deed as null and void and seek partition of the property with allotment of his legitimate share in the property.
Without following it up legally the son cannot do anything against his sister neither he will be able to claim any share in the property.
As a matter of fact, if the sale consideration amount mentioned in the sale deed is lesser than the government guidelines value then it can be considered as a sham sale deed, in that case your suspicion about fraudulent transaction can be cast.
You can consult an advocate in the local and derive at a strategy to handle this.
Without approaching court with a suit you cannot et any relief even if you request or beg her.
You can claim your share from civil court by cancelling the illegal sale deed
- You can seek the sale deed declared as invalid even now, you are within limitation.
- When father/grandfather transfers any property to single legal heir, he takes the consent of all and tries to obtain signature of other legal heirs as witnesses.
- Why should grandfather was in need to 1L rupees
- If everything is above board why should she conceal the fact of sale transaction for one year.
- All previous points stand good, a litigation is like organism once it takes birth no one can predict what shape it will take.
- Common sense is basis of law, not logic. Common sense does not support the transaction.
- I cannot comment on what others say, I am only explaining law not my opinion.
- As per law, if your gandpa was become the owner of this property after purchasing the same , then this property would be considered as self acquired property
- Further if this property was self acuariid property of your grandpa , then legally he was having his right to sell the property to anyone including his said daughter without taking consent from other members of the family ,and even he was having his right to gift that property to anyone without consideration.
- However, if the brother having doubt over the said transfer of the property to daughter , then he can file a suit before the court for declaring the sale deed /transfer paper as null and void.
- This suti can be filed within 3 years from the date of knowledge of that fraudulent transaction.
