LawRato

Whether the court can make the sale of property illegal


01-Aug-2023 (In Property Law)
Hi Sir/Madam My mother's 2nd brother bought a loan of 1,65,000 from my mother. After failing to give interest it came around 3,65,000 in 2005. So instead of giving money he gave his share of property(house) built by my grandfather.(Mother's father who splited his house into 3 shares one for my mother one for 1st brother one for 2nd brother).2nd brother's two sons were minor at that time.Now they are coming to our house and threatening our lives saying we will kill you if u dont give this house back to us for the same amount(3,65,000) that my father has to give for you. My question is Is it possible if they go to court saying we were minors at that time, so the property sold by my father is not valid. In case if they put case will they succeed on it. My mother didn't threaten his brother to give house. she asked for money only. It was their father's wish to give the house instead of money. Now that property has a value of 15 lakhs, but they are asking it for same 3,65,000.
Answers (2)

Answer #1
561 votes
It all depends on what is stated in the sale deed . If the father has stated in the sale deed that it was done for the welfare of the minor children then your cousins can not challenge it. If the money was given without a sale deed it looks like a mortgage loan and once they return the money then you have to return the property.
Helpful? LawRato LawRato
Answer #2
990 votes
The nature and character of the property can be verified from documents . Is it ancestral property or self acquired .How did your grandfather acquire the property. The entitlement of the minors can be checked if the above details are furnished
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."