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Father sold property in the influence: what should I do?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Question: My father has sold property in the influence of my mother. He sold the property to his mother in law. Thereafter, his mother in law has sold the entire property to her son. This is an intentional transfer for keeping me away from the property. I’m the only son and will inherit all property after my father’s death. My mother does not want to give me any share in property hence, she has induced my father to effect such a transfer. My father is living under the influence of my mother. What should I do to regain my property?

Question from: Uttar Pradesh

If your father is the absolute owner of all the properties then he can sell property to her mother in law. Absolute ownership gives vast power and the owner can alienate his property to any person. His legal heir cannot stop him from transferring property because the legal heir has no right in that property. He cannot demand division of self acquired property.

Father can sell his self acquired property

The owner of self acquired property has unfettered right therefore, he can sell, gift, mortgage or lease his land to anyone. There is no restriction on the alienation or transfer of self acquired property if it is transferred by the fee consent of the owner. Transfer of property through sale is an agreement. Hence, free consent and consideration is mandatory for a valid sale. 

What to do if father sold property in the influence

You said that your father is under the influence of your mother. Therefore, your father has sold property to his mother in law in your mother’s influence. It was an intentional sale to deprive you from the property which you can inherit after the death of your father. You can seek cancellation of sale deed on these grounds:

  • Lack of free consent of your father i.e. your father sold property without his free consent. 
  • There is a lack of good consideration. 
  • Ulterior motive of your mother.

Therefore, you should file a civil suit for the cancellation of the sale deed. You should also check the consideration or sale proceeds. A shady sale generally lacks good consideration. The buyer however, pays a nominal price for the property because he has no intention to purchase the property. There is sufficient grounds for cancellation of sale deed.

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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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