Legal Question in Civil Litigation in India
Wrong purchase deed
if a man died in 1995 by without making Will. He has 3 sons & 2 daughters all are married.
One of the daughter married in 1982. what will the share of that daughter which is married in 1982.
And she is deceived by her brothers as they have taken the signature of her by saying that she will received the money against that land which they are selling from their father's property. but she have not received a single rupee against it.
In the purchase deed builder has mentioned other family's power of attorney deed which is not related to above family.
In this case the above purchase deed is eligible for the cancellation, isn't it? or that daughter can get money. The daughter has already taken the objection at village officer before 90 days from the date of the signature.
2'nd daughter has not signed on that deed.
3 Answers from Attorneys
Re: Wrong purchase deed
File a suit for temporary injunction against the other parties (brothers, sister & the builder) restraining them from completing the transaction.
Re: Wrong purchase deed
Dear friend,
If a man died in year 1995 without making a will that is not being his ancestral property then, it amount's to intestate succession accord of Hindu Law,Hindu Succession act.
after as you said that he has 5 major aged children then that their share will be of 1/5th of the Total value of property held, or succeceded by them, since now the share will be allotted to each & every irrespective of whether they are married or not or their ages of such female hires also shall be accountable to divide their shares as of tenants-in-Common,which gives retrospective effect on dated from september 2005 new law overrides all the old laws.
If you made any signature pertains to sell the said property, then it shall hold good in the court of law, but you can adduce the proof for not receiving the consideration amount before the court of law.
Another daughter can sue for the same in the court of law for her fair partition & to the extent of share by putting partition suit before the court of law, & you can try to implede your for not receiving consideration case in the same suit.
If any builder has purchased the same without proper signatures of the said any of respective heirs, that he will not get good title in the court of law.
Then you also put parallelly the suit for cancellation of such fake sale registration, transaction before the court of law within 90 days from such ill act accord to Indian limitation Act 1963.
Bring notice to the said municipality concerned with your jurisdiction, by putting mere objection that to not transfere the said sold property into to it through your written letter addressed to the Commissioner of Municipality.
Thank you,
Kind Regards,
S.k. Dixit
Re: Wrong purchase deed
File suit for injunction
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