• Inheritance of property

My grandmother acquired some property which was given to her by her mother during her marriage, where she clearly stated that this property should devolve to all her children.  But my grandmother due to forces{which cannot be proven} had sold this property to my father's sister's husband [my uncle] Since then they are in possession of this property.
This sale deed was constituted without the consent of my father and his three other brothers.  Do these brothers have an equal right on this property.  They are fighting it out now.  They have appealed to the Madurai high court.  The following are my questions
1. Is this sale deed constituted by my grandmother valid?
2. Does my father have any right on this property?
3. Can my father now obtain a stay order for the restrain of the property which is now used by them?
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
A. In your case, your grandmother acquired some property through her mother would be treated as her absolute property under Sridhana as per the Hindu sucession Act.

B. Being an absolute owner of the property that she sold the same to your uncle. Whether it is registered or not is still arcane? However, it can be presumed that it might be exeucted by way of registration after verifying your question i.e, appeal preferred over lower court verdict.

C. Therefore, Sale Deed executed by grandmother is vaild and your father cannot question the same. And Court will not give any stay order in favour of your father.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

4.7 on 5.0

Hi, sale deed executed by your grandmother in favour of your uncle is valid as it is the Stridhan property and she is the absolute owner of the property so she can sell the property to anybody she wants and other have no right to question it.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.5 on 5.0

1) if property was given to grandmother by her mother she would be absolute owner of the property 

2) there is no conditional gift deed executed by your great grand mother that property should devolve on her children

3) your grandmother would be free to dispose of all her property 

4) yiur father has no right on the property 

5) no stay would be granted by court 
Ajay Sethi
Advocate, Mumbai
44366 Answers
2576 Consultations

5.0 on 5.0

 as grand daughter you have no share in the property 
Ajay Sethi
Advocate, Mumbai
44366 Answers
2576 Consultations

5.0 on 5.0

The judgement of court will only be applicable to grand fathervproperty and not to grandmother property 
Ajay Sethi
Advocate, Mumbai
44366 Answers
2576 Consultations

5.0 on 5.0

1. It is your grandmother who sold the property to your uncle. This property came to her through inheritance from her mother. Your father's brothers had no right in the property of your grandmother. The only persons who could challenge the sale by your grandmother are her brothers and sisters. During the lifetime of your grandmother her husband no right in the property.

2. Your father too cannot seek a stay against the property being used by them as he had no share in the property during the lifetime of his mother.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Basically the property in the hands of your grandmother becomes her own absolute property.  
She can dispose it in the manner she desires.
The sale deed executed by her to your paternal aunt's husband is legally valid
Neither your father nor anyone cannot claim any share in that property except if they prove their contention that it was mentioned in the settlement deed that this property shall devolve on the children of your grandmother and she cannot sell it.
The information you have shared that while settling her property by your grandmother's mother in her favor  have stated that this property shall devolve on all her children, if made as a claim without any proof to prove then it may be considered as a vexatious claim and can never stand ground to succeed.  Therefore prepare grounds in appeal strongly to substantiate the claim on that basis. 
T Kalaiselvan
Advocate, Vellore
34521 Answers
372 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer