Legal Question in Real Estate Law in India
Dispute property Sale
My Father owned a house, which was acquired by his own personal income and was not inherited. The house was built in 1976, in chennai, INdia. Thereafter my father was diagnosed with Alzhemeiers in year 2001. He does not have any capability to make any decisions on his own, and also had vision problem. He cannot even remember where he is. My mother sold the property without my consent[daughter], for a really low value in year 2002. I am 100 percent confident he has no capability to sign any documents. My brother and I are NRIs living in the US. My brother was informed and gave his verbal consent to sell the house. His father-in-law being the lawyer prepared the legal documents for the seller and the house was sold in 2002. I consider this a forced sale with no consent from me, a legal heir of my father, , when my father is medically unfit tomake his own decisions. Can I dispute this sale? What approach should I take. Should I take legal consult? Is this a valid case. The money/property is not of any value to me, however the fcat that my fathjer spent all his life to save for and care for this house, make me feel lit is important to not let it go to a third party. Please advise
2 Answers from Attorneys
Re: Dispute property Sale
If you have smelled some foul play then you can challenge the sale by filing civil suit and can not only get the sale set aside but can also take back the possession.Take consultation of a lawyer.
Re: Dispute property Sale
If the sale transaction of house was completed during life time of your father, then you have no case as a legal heir of your father. As regards incapacity of your father to enter into a valid contract like sale, you may file a civil suit in that behalf.
However, before proceeding further in the matter, try to know circumstances under which sale came to be effected.
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