This site is under development, some of the functionalities may not work properly.
Anonymous
in Contracts Law Civil Procedure Law
Asked July 21, 2017

Re-acquiring sold property

  • 1 Answer
  • 210 Views

my grandfathers are 5 brothers and they all sold stone mine to a person who had influenced of them. Due to this, my grandfather and hs brothers had to sell the the property at that time. when I was 11 years old. I want to know if is there any chances of re acquiring that property from that person.

Answer 1

Hi,

In this case, the property can be claimed back by your father . Now, in the present case if you are claiming that the property is transferred with the influenced then you need to prove it was undue influence which will  come under the Section 16 of Indian Contract Act, 1872 which deals contract with undue influence  which means parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other and the burden of the proof  9(i.e to prove) will be on your father & there brothers to proof that property is transferred under undue influence. However, to proof it you need witnesses, so make sure that you have witnesses. Secondly, you have to see that it should not be time barred as you cannot file the case after the time prescribed. 

Regards,

Jayant Garg

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.