Legal Question in Real Estate Law in India

Sir

Here the question is about about inheritance in fathers property and not share in ancestral property. This is governed u/s 8 and not under Section 6 of Hindu Succession Act,1956.

Under Section 8 of HSA, Wife, Son, Daughter are the CLASS I heirs of a deceased, who would equally inherit the entire property of the deceased, unless there is a WILL of the deceased. So in absence of a WILL, daughter will have equal right over the property of her deceased father. Legally your mother is a Co-Owner of the Property. Your mama cannot sell the property without the consent of your mother.

Now, so far so mutation is concerned, then in Gujarat law is very clear, that entries in revenue record i.e. village form no. 6, 7/12 do not confer any right, title or interest in any property. So, if the mutation entries are certified only in favor of your MAMA, then also, your mama cannot claim to be exclusive owner of the entire property based on such entries.

Now, to stop the sell of property, first of all, you need to give a PUBLIC NOTICE in local news papers, putting forward your claim in the property, and mention that since you are the co-owner of the property, no person should transact or enter in to kind of conveyance with your MAMA in relation to the property in question. This will put all prospective buyers on guard, and any genuine buyer will refrain from purchasing automatically.

Secondly, you need to file a Suit for Declaration and Partition and injunction before the Civil Court to the effect of declaring and partitioning your mothers share in the property, and in the meanwhile restrain your mama and others from selling the property or changing the nature of property and keep status quo.

Now, since some of the properties are already transferred by your mama, you need to further seek declaration that such Sale is not binding on you, and that you are entitled to share in the sold property. The buyer will put a Defense of "Bona fide Purchaser of Property without notice", which is a question of fact the purchaser has to prove.

Additionally question of limitation will also come, as to when did you came to know that such properties are sold, from that time, you have to file a suit within 3 years for getting the sale deed ignored.

You can also file a criminal compliant of cheating in the police, as pressure tactics.

I am based in Gujarat. Should you have any questions, or need any assistance in this regards, then let me know. Look forward to hear from you.

Best Regards

Vivek N Mapara

vnmlaws.com