We are two brothers and four sisters. all are married. my father is now 86 years old. My father sold his property to another person without informing me and with the help of my younger brother only.The property owner is my father by donated(gifted) not parental property. Is there any possibility to cancel the registered dalil? if then guide me. now the dalil (property) under mutation case? not settlement yet. how it will be cancelled? or any chance to cancel or not? please gudie me.
Asked 1 year ago in Property Law from Jajpur, Odisha
1. The property is self acquire property of your father and hence he does not require consent of his children to sell the same.
2. So the sale is valid and you can do nothing to set aside the sale.
3. In other words there is no chance the cancel the same.
If this was a property gifted to your father he had the right to sell it to anyone during his lifetime as gifted property is at par with self acquired property of donee.
1) your father is absolute owner of property
2) can execute sale deed in favour of purchaser
3)he does not need consent of his children to sell the property
4) if your father is not of sound mind then you can move court to set aside sale deed
The property that belonged to yor father can be transacted by him in any manner as chosen by him and to any person of his choice.
Neither you nor any of his children can raise any objection to this in any form or manner.
He need not take a consent or NOC from you for alienating his own property.
Therefore your action regarding cancelling the transfer deed executed by your father is not maintainable in laws.