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Can an inherited property be unilaterally sold
Source : The Hindu Property Plus Published On : 2008-09-20 City : Chennai

My grandfather has a valuable property (a land of 5 cottah(720 sq.feet per cottah) on which our residence is built taking half of the land and my father and uncle are to inherit it. My father is dead leaving behind six daughters and six sons. We live on the first floor and uncle with his family on the ground floor. Suddenly, one fine morning we saw some other people living on the ground floor and uncle’s family missing. We enquired and came to know that my uncle had sold his share to them and gave them possession.

Let me know whether it is possible for my uncle to do it. Anish Chakraborty

Kolkata ,WB

Our panellist, Mr. R.L.Narayanan replies: The correct facts and circumstances under which the property was taken by your father and uncle are not clear. Further, what kind of documentation exists between your father and uncle will also matter. What you are referring to is perhaps a right for you and other heirs of your father to purchase the property, in preference to others. This depends on facts and circumstances. It is also not clear when your uncle has sold the property. Further, the rights of third parties have also intervened. In the circumstances, you will have to consult your advocate if you have any right of enforcing the purchase as above.

Power of Attorney

     I live and work in the U.K. We were planning to retire in India. We were in the process of buying a property and have put it in a deposit. I gave my nephew a power of attorney which was registered at the Indian Embassy. The sale has fallen through. I have notified the sellers that the POA is null and void. My nephew refuses to return the power of attorney. How do I cancel or revoke the POA?.

Ravi Kumar

Mr. Narayanan replies: You can send a registered letter to your nephew revoking the Power of Attorney. In the circumstances, it is also advisable for you to issue a publication in an English and a vernacular daily having circulation in the locality where the property is situated and where your nephew resides. However, before taking any action, please consult your Advocate.

House on poromboke land

     My father had purchased one ground from Perambur co-op society in 1971. The land was poromboke but was handed over to the society in 1966 with a GO for a monetary consideration. Now when we want a patta the tahsildar office says the revenue records still indicate that the land is sarkar poramboke. We have since built a house in 1973 with a bank loan and repaid the same. We have been living here since. What should be done to get a patta now?

Mukund, Perambur

Mr. Narayanan replies: The papers have to be seen for giving a feedback. If the handing over to the Society was proper, then the Society has to get a Patta. Thereafter, it will be easier for you to obtain a Patta. If the documents are proper and if the Authorities do not issue a Patta, then you have to institute suitable proceedings in the court for obtaining the Patta.

Without CMDA approval?

     I am planning to construct a home. When I approached the local panchayat for approval, they said that the documents have to go to CMDA for their approval. Since it is time consuming, I am planning to construct my home without CMDA approval. I am also not going apply for any loan and I am going to fund my home on my own. My proposed plan has some deviations. If I construct a home without CMDA approval and with few deviations, will it be a problem in the future? Karpagam

Mr. Narayanan replies: The option of putting up construction without CMDA approval is most dangerous. This is so even if you put up the construction with your own funds. When the Plan itself is not approved, I am not sure as to what is the deviation that you are referring to. Please take suitable advice from an Advocate or an Engineer or an Architect. Can it be challenged?

If a property has been gifted through a Gift Deed, can it be challenged?

     My father has gifted his property through a Gift Deed in the name of my son who is a minor and till he becomes Major, I am the Donee. Can this Gift Deed be challenged by my brother and sisters?

Sudhir Mehta

Mr. Narayanan replies: A Gift Deed in favour of a minor is valid. It is possible that you are shown as guardian of the minor. Any deed can be challenged on various grounds. This depends on the facts and circumstances under which the deed has been executed. If the gift has been voluntarily made and there is a proper acceptance on behalf of the minor and is duly executed and registered, even if challenged, it is likely to be held as valid.

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