Sale Deed Cancellation
10 months ago
My paternal uncle died on 12th May,2023 and his wife died on 3rd February, 2023. They had no child.
He had a self acquired property. He registered a sale deed of his property to my name. As per deed, I paid 60% of sale value in cash and remaining in 4 cheques dated 1st March, 2023. Deed was registered on 12th April.
But before depositing the cheque into bank he died though the cheques were in valid time frame of three months at the time of his death.
Now my another uncle (my dads are three brothers) claiming that property saying they're legal heir.
My question, can they claim it as the cheques were not deposited though the cheques are with me now?
And also, my uncle had some FD making me nominee. Can they claim that amount saying they're legal heir?
My father is still alive
In case of Self-acquired property, the owner of the property can transfer the title of the property to anybody at his discretion. When the deed of Conveyance/Sale is registered with the Registering Authority following the standing procedure before the demise of your paternal uncle, So, you got absolute rights over the property which was transferred in your name through registered Deed of Sale.. So your paternal uncle can not claim the property back. Paternal uncle being childless, other uncles including your father are entitled to an equal share of the total sale proceeds/consideration money. So you should deposit the cheques in the account of your paternal uncle who sold his self-acquired property to you to discharge your liability as a purchaser. For any complications, you may get in touch with an Advocate for steps.
As per the information you have mentioned it is advisable to you to reach out to an advocate for first hand information.
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