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Property given to repay debt can it be claimed again by legal heirs
20-Aug-2023 (In Property Law)
My grandfather had a property of 1 acre land at wagamon and he gave that to my grandmother. In 1996 my father had to repay a debt of rupees 5000 and my father insisted my grandmother to give that land to that party instead of giving 5000 rupees and she had given that property in written agreement. Now my father and my grandmother passed away and I came to know that the property has been sold recently for an amount of rupees 2 crr. My fathers family consist of 5 brothers and 2 people are not alive now and thers are not even knowing about this issue. Is there any legal side that we can go for?
As per transfer of property mere written agreement is not sufficient for transfer the property. According to section 54 of the Transfer of Property Act, 1882 (4 of 1882) right, title or interest in immovable property can be transferred only by a registered instrument.
First you Check, how the property transferred from Grand father to Grand mother (if any deed or not )and also Check the recitals in the written agreement executed by Grand mother . The transfer of property is not done in proper way the legal heirs of Grand father had right over the property still now.
First you Check, how the property transferred from Grand father to Grand mother (if any deed or not )and also Check the recitals in the written agreement executed by Grand mother . The transfer of property is not done in proper way the legal heirs of Grand father had right over the property still now.
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Adv. Ajay NS
Ernakulam | 200+ Answers
Chat
If the property was not transferred by way of a registered deed by your grand mother, there is a remote chance of getting back the property. However in this case, since the property has been sold further, it has to be presumed that there will be a registered document, not a written agreement. Anyway the further possibilities are depends on the recitals in the written agreement. For giving an opinion, the agreement has to be seen, has to know who has been in possession and for how long.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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