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Will Revocation
28-09-2024

My grandpa (mother's dad)bought a plot in the name of her son.. he had some issues he sold to my mother. Mother sold to my father ( for 50k)20 yrs back . She has done it because that time there were a legal issues with court. Every time mother cannot go to court. Ao.Now my father and mother are separated because of his worse talks.. now he is trying to sale the property without her concern.. is it possible.. father is a pensioner. Mother housewife

•Answers Posted by Experts
Response 1.

Dear Client, As per your query, although the property is legally owned by your father as it was sold to him by your mother, he can, in general sell it. However, if the sale to him was made under any conditions of law or on the basis of pressure, your mother may contest the sale before the court of law by preventing the sale by raising an injunction and claiming ownership over the property. As it has a lot of time since her separation, she could also be entitled under family law to claim part of the marital assets, including this property, or maintenance. For safeguarding her interests, your mother should give a legal notice to your father and go for an injunction to restrain any sales on his part, without her permission. Hope this answers your query.

Advocate Anik
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Response 2.

Dear Sir, After 20 years it can be revoked back. 3 years is the limitation to cancel any registered document. But for litigation sake you may file a dummy suit to give trouble to other side and may some times ended in compromise.

Kishan Dutt
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Response 3.

Dear Client, Your concern whether father has right to sell shows that the sale transaction is not complete yet since last 20 years and the property is diputed. If the sale isn't completed, then your mother holds sole rights over property. However, your story has many gaps which needs detailed discussion.

Kalpana Sanap
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