My grand father had sold 2 acres of ancestral land to his brother in law in 1959 and same is being registered in taluk office in his name .This ancestral property was 20 acres full . There was no partition done between my grand father and his brother . Without my grandmother knowledge and his younger brother knowledge my grandfather has sold this to his brother in law ( my grand mother elder brother ) . Khata was not done since 1959 and same 2 acres has been cultivated by grand mother till now . Pani ( RTC ) was coming in my grand father name and after his demise it is coming in grandmother name . From grand mother it has come to my dad and same is being registered to my dad. Khata is also done . We are in the position since 1959 . My grand mother expired in 2019 . We have cultivated that land since many years and we were not aware of my grandfather selling this to his brother in law . We are in position since 1959 - my grand mother , now us ( my parents ) . Grandson of my grand mother’s elder brother has put application in taluk office to do khata in elder brother wife name that is his grand mother .., We need to retain this property , what are the chances and way out .
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Your grand father has sold the property by registered sale deed
2) once sale deed is executed brother in law would be absolute owner of property
3) entry in revenue records does not confer title to property
4) it is only for payment of property taxes
5) you can claim defence of adverse possession that you are in possession of property for more than 12 years
Sale deed registered in 1959 by grandfather is a sham document, it was not intended to be enforced that is why the brother in law of grandfather has not taken possession of the property after execution of sale deed. Property is not yet mutated in record in favor of brother in law. It is also registered in the name of dad. You are cultivating the land without objections from legal heirs of brother in law of grandfather. Application for mutation is submitted more than 60 is hit by delay. You can claim that grandfather took some money in 1959 and as security registered the sale deed on the condition that brother in law registered a return sale deed after repayment. Grandfather has repaid the money but failed to get the return sale deed executed as all is in family. Take objections on the above grounds or you can also file suit for declaration of ownership and cancelation of sale deed.
You have to file for adverse possession (more than 12 years) of the property in question as you, your parents and your grandmother have been in possession of the property since 1959 till date, without anyone's objection to your possession of the land. Also file objection in the Taluk Office not to entertain the application of Grandson of your grandmother 's elder brother as it's time barred for consideration.
Even though your grandfather had sold the proeprty by a registered sale deed in the year since the sale deed was not acted upon by the buyer, i.e., the possession was still with your grandfather and subsequently on his wife's name after his death, besides the property revenue records continue to remain on your grandfather and his subsequent successors name, it can be considered as a sham sale, besides since the proeprty is still in possession with the seller and his successors, which is adverse to the buyer whereas neither the buyer nor his successors have taken any step till this date i.e., within 12 years of the sale deed, the title can be perfected by law of adverse possession too.
You can challenge the same properly in court of law and get his case dismissed, before that you can raise an objection to his application before the tehsildar for change of revenue records and get it cancelled on the said grounds.
Dear client, If a ancestral property is sold without obtaining the concent of other heirs then the sale is invalid. However, since the property was sold way back it will be very hard to retain it.
The said property being ancestral will be divided equally amongst all the legal heirs
- As per law, your grand father was not having his right to sell the said ancestral properties to his brother-in-law without taking consent of other legal heirs.
- Further , if that land is in your use and occupation since last 60 years uninterruptedly then none having right to claim the same on the ground of adverse possession .
Hi, your become owner of the property on adverse possession so your grandmother brother can't claim property.
