1. Agriculture Land: An agriculture land parcel in Krishnagiri District of Tamilnadu (largely patta land with a few small pieces of paramboke land in between) was purchased by 2 joint families of 4 brothers each, in the ratio of 3:1. There was informal understanding between the 2 joint families to demarcate their respective shares, but the division is officially not registered. The combined land is sold to a single party. Land is sold fraudulently without the consent of 1 male child and all 3 female children of 1 of the 4 brothers of the larger joint family. The list of persons described as Vendors in the sale deed includes only the 4 brothers and all male children of the larger joint family and excludes said 1 male child and all female children of the larger joint family, and also declares that there is no other person of any right or interest in the property. All 8 persons of the two joint families who purchased the land are now deceased. Under the circumstances, what are the remedies available to the victims of this fraud, (a) 1 male child, and (b) the female children without whose consent the land is sold, in relation to patta land, and paramboke land, and how to proceed legally in the matter? What happens if the purchaser sells or tries to sell the property now? 2. House and adjoining Land in Chennai City: Old couple owned a self-acquired house property. The couple had a son who did not look after them, so they brought up and looked after a female child as their own child (no formal adoption) who lived with them in that house and looked after them until her marriage. For these reasons, the couple willed the house property to the foster daughter during their lifetime. The will makes a mention that they did not want the property to go (after them) to their biological son, and it should go to the foster daughter. Now the old couple are both deceased. At the time of death of the old couple, the foster daughter was abroad with her husband and children. Taking advantage of this situation, the old couple’s biological son’s (now deceased) son and daughter forced themselves into the property, abused elders known to the old who couple who advised them to the contrary, and sold the property declaring that they are the rightful owners and there are no other interested person. Under the circumstances, what are the remedies available to the foster daughter and how to proceed legally in the matter? What happens if the old house is demolished or new building is built, or purchaser has resold the property subsequently? Thank you. Regards,
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It is not ancestral land
2) it was self acquired property of 4 brothers each
3) consent of children was not necessary to sell the land
4) you can file suit to set aside sale deed and also seek injunction restraining sale of land by purchasers but chances of success are bleak
Foster daughter should file suit to set aside sale deed
seek injunction restraining sale of property by purchasers
Enclose copy of will wherein property was bequeathed to foster daughter
Dear client,
Agriculture Land:
(a) The male child and the female children who were excluded from the sale deed can file a suit for declaration of their title to the land, seeking a declaration that they are entitled to a share in the land. The court may order a partition of the land, and each party will receive their rightful share as determined by the court. As for the paramboke land, the procedure will be similar, but the remedy may differ based on the type of paramboke land.
(b) The female children who were excluded from the sale deed can file a suit challenging the sale on the grounds that their consent was not obtained, and they were not included as vendors. If the court upholds their claim, the sale may be set aside.
If the purchaser sells or tries to sell the property now, the legal status of the sale will depend on whether the sale was valid or not. If the sale was found to be fraudulent or invalid, the purchaser may lose their claim to the land.
House and adjoining Land in Chennai City:
The foster daughter can file a suit for declaration of her title to the property and challenge the sale of the property by the biological son's son and daughter. The court may order that the sale be set aside and declare the foster daughter as the rightful owner of the property.
If the old house is demolished or a new building is built, the legal status of the property will depend on the court's decision on the ownership of the property. If the foster daughter is declared as the rightful owner, any construction or demolition done by the biological son's family will be deemed illegal, and she may seek compensation for any damages caused. If the purchaser has resold the property, the legal status of the sale will depend on whether the sale was valid or not, and whether the purchaser had knowledge of any disputes related to the property at the time of sale.
If the aggrieved parties have rights in the properties and they have been deprived of their rights in the property, they can approach court with a suit for partition for division of property and to allot their legitimate share in the properties with separate possession.
They can file an application seeking injunction restraining the subsequent purchasers from further encumbering or alienating the property in any manner till disposal of suit.
2. The foster daughter can file a suit for possession of property on the basis of the Will.
She need to get an order of probate to the Will which she relies upon to retrieve possession of the property.
