• Ancestral unregistered property sold via Notary

We have an ancestral property in our village consisting 1 house, 3 Plots and 2 Shops in Rajasthan. There is no single document of anybody's ownership. In last one year, my Grandfather and his 2 brothers passed away. Around a year ago, the younger brother of my Grandfather sold 1 Plot measuring around 100 sq. yard to some other person without our consent. My grandfather objected on it but he said that it is his share and he sold it through Notary and after 2 months he passed away. My grand father heard from villagers that his sons were also planning to sell another Plot without informing us. My Grandfather also sold 1 Plot measuring around 250 sq. yards to some other person without any consent through Notary and next day he passed away. Now, GF's younger brother's sons have sold 1 Plot, 2 Shops and their share inside House to some other person without informing us through Notary. My question is 
1. Are all above sale deed valid? If yes or no, what are its legal complications.
2. How is it possible to distribute property, Shall it be on Grandfather's level, their sons level or at Grandchildren's level?
3. We want to move court to resolve the issue. Can we move. 
4. If yes, Against whom we should file case the seller or purchaser. All purchasers have started using property.
5. How is it possible to cancel sale deed executed by my grandfather. 
6. Can I move to court as Grandson.

Thanks!
Asked 6 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. Without perusal of the sale deed nobody can tell if they are valid instruments of transfer of title. Since you are claiming the property to be ancestral you may file a suit for partition to cull out your share but you will have to prove the ancestral character of the property. It is not clear as to on what basis you say the property is ancestral.

2. The suit has to be filed against the seller and buyer.. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
The sale deed is valid only it followed by the procedure for registration under registration act. The sale through a notary or notorised documents  is not sustainable in the eye of law and that registration is not valid.

filing a partition suit is the only remedy for getting the share in that property. But the document of the property is needed for considering partition .Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

If the property comes under ancestral head , if so any person of the family can file suit. The sale deed created through notory is not a valid one. So it is void abenitio.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1) you have to move court to set aside sale of ancestral property sold by your relatives to third party . in said suit sellers, purchasers should be made party 

2) in said suit seek partition of the ancestral property by metes and bounds 

3) ancestral property would be property which has remained undivided for four generations .

4) if it was self acquired property of grand father he could have sold part of land without consent of other s
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1.  Transfer of immovable properties by any mode i.e., sale deed, gift deed, settlement deed or partition deed by an unregistered document is not valid in the eyes of law.  Therefore the sale of the above through a notarised document is not valid and not binding on the shareholders.  The other shareholders can file a partition suit seeking their respective legitimate shares in the property.






2.  It shall be as per the provisions of the Hindu succession act in the descending order.





3. Yes you can move court with a partition suit.




4.  Besides the sellers, the purchasers also can be impleaded as party to the suit.




5.  It is an unregistered sale deed and has no value in the eyes of law hence the invalid sale deed need not be cancelled.



6.  You can move court as a coparcener.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
Hi, The sale is not valid in accordance with law and as per section 17 of the Registration Act any immovable property whose worth is more than Rupees 100/-  if it is  transferred from one person to another then the Registration is  Compulsory.

2. Property transferred through Notary is not valid in law.

3. So you have to file suit for partition of your share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) how was land registeted in grandfather name of 9 bighas?

2) if case is pending of 3 bighas the land would not be transferred in name of grandsons as per grand father will 

3) if objections are received from daughter  of grand uncle mutation of 9 bighas would not be done In name of grandsons 

4) on grandfather demise take out application for being added as party in pending suit 

5) apply for probate of grand father will 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
You may first initiate process to transfer the lands in favor of the beneficiaries of the will through the land revenue department and also apply for mutation of revenue records also accordingly. 
If the authority is asking you to publish the same in a newspaper then you may do it only with regard to the disputed 3 bighas and get the other properties i.e., 6 bighas transferred first and later on if there is any objection from anyone within the stipulated 30 days, then you may apply for grant of probate of the will without mentioning that it is  for the balance of 3 bighas alone. 
Let the court decide after hearing both the sides about the fate of rest 3 bighas of land.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0
Has a suit been filed by anyone claiming a right or title to the land? If no injunction has been ordered by the civil court then grandsons are at liberty to apply for mutation according to the will. As instructed by tehsildar you should publish a public notice. If the daughter of Granfather's elder Brother reads the notice she can rush to court to seek injunction against the mutation and also alienation of property by you, to preempt which you may file a caveat.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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