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Father signed a property sale deed without consideration is it legal
17-May-2023 (In Property Law)
My father and his two brothers jointly bought a property in 1990. We lived in that house till 1999 after which we moved out due to some reason. His brothers continued to stay in that house. In August 2016, while my younger sister and my mother were with me in Pune, we received a news that the property in question was sold off. We came to know that my father signed the sales deed and opted out of receiving any consideration (also mentioned in the sales deed). We came to know that his brother influenced and convinced him to sign the document as they believe that since he already has a house to live in he should not ask for his part. My father complied and signed the document. We were told about the sale only after it was made. In November 2016, my father was detected with chronic Alzheimer’s disease. While I was bearing hospital expenses, his brothers ignored my request for financial help as they feel they are under no obligation to do so. Is there any relief available?
At the time your father signed the deed, if he was in a mental condition to fully understand the deed and consequences of it's execution, then relinquishment of share by your father is valid.
Your uncles are under no obligation to pay for your father's hospital expenses, because your father never contracted through the sale deed that in lieu of his relinquishment his future possible reasonable medical expenses should be born by his brothers.
Relief can be available only if you can prove undue influence by your uncle on your father, and if you can prove that at the time of signing the sale deed he was already suffering with the disease and was not in a mental condition to understand the terms of the deed and to give free consent on it.
Your uncles are under no obligation to pay for your father's hospital expenses, because your father never contracted through the sale deed that in lieu of his relinquishment his future possible reasonable medical expenses should be born by his brothers.
Relief can be available only if you can prove undue influence by your uncle on your father, and if you can prove that at the time of signing the sale deed he was already suffering with the disease and was not in a mental condition to understand the terms of the deed and to give free consent on it.
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Adv. Sandeep Naik
Indore | 200+ Answers
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The whole act of your uncle is wrong and li liable for criminal trial as well as civil procedure what they did with you and with your father is fraud with you.
It is my well advise to you that as early as possible you go to police station first and logged the F.I.R. against your uncle that how they cheate you and there after if police not registers F.I.R. then you file private complain before the magistrate there after my advise for you that you file a civil suit against your uncle for cancellations of the sale deed as well as declaration of your ownership upon the property as co-owner. For your enquiry that without consideration any sale deed is valid so I must tell you that it is not valid but it is required to challenge before the court otherwise no one can help you.
It is my well advise to you that as early as possible you go to police station first and logged the F.I.R. against your uncle that how they cheate you and there after if police not registers F.I.R. then you file private complain before the magistrate there after my advise for you that you file a civil suit against your uncle for cancellations of the sale deed as well as declaration of your ownership upon the property as co-owner. For your enquiry that without consideration any sale deed is valid so I must tell you that it is not valid but it is required to challenge before the court otherwise no one can help you.
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Adv. Rohit Jagwani
Gwalior | 100+ Answers
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