• Ancestral suit v/s purchaser

Hello sir,

i am dealing with case since last 5 years. my dad who is no more by now was addicted to drinking. under the influence of alchol he has excecuted 4.6 gunta's of na plot to purchaser at a minimal amount of rs 50000/-. The property valuation by then were way high then the consideration amount. Not a single penny out of this sale deed had benefitted family needs. it was a deliberate attempt of cheating my dad who was behaving insane due to chronic addiction to alcohol.

Not just that consideration as mentioned in deed as rs 153000/- was not as per standard valuation rates as prescribed by Govt of karnataka stamp duty 1957 45 b.

The said property is incurred through my grand father to my father in the year 93-94. No signature / consent had been obtained by alleged buyer before dealing from me, mom and sister. 

will he be called a banafide buyer? what
Asked 1 year ago in Property Law from Belgaum, Karnataka
Religion: Hindu
1) it was self acquired property of your grand father 

2) on his demise your father inherited the said property 

3) it was self acquired property of your father 

4) your father was free to sell the land without consent of your mother , you and your sister 

5) if property was sold at rate lower than ready reckoner rate stamp duty would have to be paid as per ready reckoner rates 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. The buyer is not required to take consent from you, your sister or mother since it is his property,

2. When did the sale take place and when did your father expire? what was your age at the time the sale deed was registered?

3. If the price of the land shown is abnormally low and you came to know about it within the limitation period, then you can file a declaratory suit praying for declaration that your father was not mentally capable of taking rational decision and the sale deed executed by him is invalid and also direction upon the Register to cancel the said sale deed after your returning the amount your father had received with interest,

4. Till then the buyer is a bonafied buyer.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Yes this sale deed was bad. 
It was bad due to several factors including his mental illness, ancestral nature of the property, insufficient consideration etc.
So file a suit for setting aside the deed and for possession.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Hi, you have to challenge the sale deed on the ground  that it is neither sold for legal necessity nor for family benefit.

2. In the pleading you have to narrate all the facts and circumstances under which your father has executed the sale deed.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) once partition deed has been made between your father and his brothers your father share would be his self acquired property 

2) consent of court was not necessary as minor had no share in the said property 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
1. The concept of 'bonafide purchase' is not applicable where the sale deed had been executed by the lawful owner of the property. It operates in a different field.

2. The transaction of sale can be challenged in the court only on the ground that the sale deed was not executed by your father with his free consent. The mere fact that he was alcoholic is not sufficient to impeach the sale made by him. If the required stamp duty has been paid the seller and buyer can by an agreement sell the property at any price. If you have direct or indirect evidence to prove that he was mentally or physically incapacitated to understand the import of his action then you can file a lawsuit to challenge the sale.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
The said property is incurred through my grand father to my father in the year 93-94. No signature / consent had been obtained by alleged buyer before dealing from me, mom and sister. 
will he be called a banafide buyer? what

The property was your grandfather's self acquired property and inherited as his share by your father.  Therefore the property becomes your father's absolute  and own property hence he need not obtain permission or consent from your mother or yourself to dispose the property. If your father is not alive now and if the sale of the property so disposed is within three years from this date, you may file a suit seeking to cancel the sale deed executed by your father which was null and void because it was forcibly executed by him while he was under the intoxication of liquor but you have to prove it through your own sources.  The undervalue of sale registration shall be a supporting evidence to you in this regard.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
The Property was passed on to my father during the year 93 vide partion deed between his parents and brothers.The sale deed was executed on apr 1 2008, My father demised later in the year 2012 way after my sister filed partion suit in 2010 demanding her legitimate share out of alleged sale who was to be a minor by then followed by one more sis. Since nothing much was left for future turbulent times and the consideration has not been shared among coparcners depite seeking for the cancellation or her share with eldery committe of town by arbitration the case is at its place.

Your sisters or you are not coparceners.  You people have been wrongly guided by your lawyer with the term used for litigation.  The case filed by them will not be maintainable. 
The property was acquired by your father out of a family partition.  This extinguishes the original status of the property even if it belonged to your great grandfather.  In this case the property belonged to your grandfather.  To acquire ancestral status the property should have passed in the same status to third generation and the fourth generation descendants shall be called as coparceners, verify your status.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. No.Your father was the absolute owner of the said property,

2. Unless and until the price of the property was abnormally low and your father can be proved to be not in a proper mental state to execute and/or register the said sale deed, you can not pray for cancellation of the sale deed,

3. Whatever may the outcome, no body can lay claim on the sale proceeds other than the seller of the property being your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

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