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Fake registration of sale deed of my ancestral property

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

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Land registration to others without my knowledge. We have an ancestry land, my grandmother sold it to others without our permission. She has given the sale proceed to my aunt. Kindly help us. How to get my land? My father has expired.

Question from: Telangana

You should file a civil suit in the competent court for cancellation of the sale deed. It is an ancestral property and its sale without your permission is illegal. All the coparceners have vested interest in the ancestral property by birth.

You became the coparcener immediately after father’s death. Being a coparcener you have accrued a right in the property. Therefore, your assent or approval was mandatory for executing a valid sale deed. In this situation, you must prefer a civil suit for the cancellation of this fraudulent sale deed. 

Karta can sell the ancestral land

The “Karta” or manager of the joint Hindu family can sell the ancestral land. His power to alienate the ancestral property has some restrictions. He can sell the land for the legal necessity and the benefit of the family. Only male coparcener can discharge the duty of “Karta”. Your grandmother could not perform the duty of “Karta” because she is not a coparcener.

The Supreme Court held in Hirabai v. Ramniwas Bansilal Lakhotiya, (2019) 15 SCC 204 that when the Karta sells the land for legal necessity and benefits of the family, that sale deed is binding on all members of the family. So far as your case is concerned this sale deed is not binding on you.

Your grandmother cannot perform as Karta of the joint Hindu family. Therefore, she could not sell the land and enjoy the sale proceed. Law does not permit this kind of sale. According to section 5 of the Transfer of Property Act, only an owner or a person authorised by the owner can transfer the land. 

Consent of co-owner

Every coparcener has joint ownership and joint possession over the ancestral property. Their consent is mandatory for transfer of ancestral property. You are a co-owner of this ancestral property. Being a co-owner your consent was mandatory for executing a sale deed. 

Your grandmother did not take your consent while selling that land. Absence of your consent renders the sale deed voidable. You should immediately challenge the veracity of the sale deed. In devoid of such challenge the law will presume that you have given the implied consent. 

Cancellation of the sale deed

In the current situation, you can file a civil suit for the cancellation of the sale deed. Your grandmother has transferred the sale proceeds to your aunt. This act proves that the alleged sale was not in the benefits of the family. Contact a good advocate and file a civil suit. There is three years limitation period to bring such a civil suit. The limitation period starts from the date of registration. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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