My uncle sold his share of property to my father without consent of his children
1 year ago
My Uncle sold his share of property to us without consent of his children
We are part of a hindu family.
My father has inherited about 2.5 Acres of agricultural land from his father by virtue of partition of ancestral property by my grandfather among their children.
In 2006 my uncle (father's younger brother) sold his share of property (2.5 acres) to my father.
My Uncle has 2 daughters and 1 son. 2 daughters were major and 1 son was minor when my uncle sold the property to us.
Also, note that he had sold another 0.5 acre to my another uncle (to my father's other brother). May be in 2005 or 2004.
In the sale deed which my father has purchased from my uncle has signature of my uncle and aunt's (Uncle's wife) are there. So, post registration the EC of the purchased land is on my father's name.
I'm 32 year old now and my brother is 30 years old.
Are the property sales made by my uncle to my father is legal and valid??
Now, one of my uncle's daughter is warning us that she will go for court to reclaim the properties sold by my uncle by approaching courts?
What are the legal remedies available to us ?
Whether the purchased properties from my Uncle without their consent of children is any of concern, if we approach the courts of law to reclaim our properties?
Do we have to pay them back the sale considerations from our pocket or is our father or uncle liable to pay their children?
We wanted to know how we/purchaser are liable for the sell which my uncle did?
Please advice and guide me in detail. Even though the purchase had happened with my uncle intent but now after 16 years my uncle's children are coming back to reclaim the properties. My uncle and aunt are still there and indirectly supporting their daughters.
Kindly note that your uncle needs to have signatures of your cousins on the sale deed for it to be valid. As you mentioned the nature of the property is ancestral hence your cousins will have a right to the property and a right to decide if their portion is to be sold or not.