1) you can file suit that you have share in land as property bought in grand mother nabe for benefit of joint family
2) that she could not have executed will for the property
3) seek orders to set aside sale deed
Disputed land registries done
My grandfather bought property in my grandmother's name in early 1940's. My grandmother through a compromise decree gave the said land to my father, but even after this compromise decree my grandmother sold the said land and only 20000 sq feet remained. Then my father's sister presented a will by my grandmother stating that remaining land was given to her and got it mutated in her name. My father's sister tried selling the land but my father filed a suit that the said land is his. While the appeal was pending in high court my father's sister passed away i.e. in 2022. She has no natural heirs as she is not married, but after her death we came to know that my father's sister has registered the land to third parties in 2007 and 2010. My grandather bought this land in my grandmother's name, she was a homemaker with no income of her own, of this we have proof. Can the three of us grandchildren file for permanent injunction as we have right on this land?
Asked 2 years ago in Property Law
Religion: Hindu
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7 Answers
Dear Client,
A grandchild can only get his property if one of their parents passed away before the grandfather. Consequently, the grandchild and their siblings split the portion that the parents, if still living, inherited. This portion has been divided equally.
The property belonged to your grandfather but he purchased it in your grandmother's name. However she gave it to your grandfather. As she had no natural heirs her brother would be getting the land. Also the appeal is pending. Yea you can file for injunction.
- Since, that property was in the name of your grandmother , then being the owner of the self acquired property she was having her right to transfer the said property to your father even through a settlement deed.
- However, she was having her right also to sell that land after cancelling the given settlement deed.
- Further , after her death , all the legal heirs including your father have equal right over the remaining land , and hence you aunt cannot claim full right over the entire property after showing the Will for which other legal heirs having no knowledge.
- Further, after the demise of your aunt , her share in the property can be claim by her legal heirs and they can substitute as legal heirs in the court case as well.
- Since, the appeal is pending before the court then you specially during the life time of your father cannot claim any right over the property.
Since the appeal is pending disposal, your father has to await the disposal details.
It is reportedly purchased by your grandfather on your grandmother's name, hence it became your grandmother's self acquired property.
If there was any dispute in this regard, only your grandfather should have raised it, despite that, your father and grandmother entered into a compromise decree through court, whereas your grandmother without obeying the court order had sold a portion of the proeprty, to which your father never objected.
In fact your father ws fighting over that 20000 Sq. ft property alone.
Even that property is under dispute even though your paternal aunt has already sold them by a registered sale deed.
In this situation neither you nor your siblings do not have any rights over the property for any reason.
If at all there was any action taken, it was your father who should have taken steps to prove that the so called Will is not maintainable in view of the compromise court decree.
Yes a suit and permanent injunction can be filed
The merit of the suit or Appeal presently pending has no relation with the death of your aunt or her sale of this property.
Proceed with the Appeal. The buyer from your aunt may get added in the Appeal in place of your aunt.
If they does not then get the matetr heard on merit and disposed of.
