• Legal heir not claiming the rights

Dear Lawyer, 
I am willing to purchase property from X. 
X has purchased property from Y in 2011 by virtue of registered sale deed.
Y has purchased property in 1994 from group of people / family which is their ancestral property. History of that family :
Father, who is farmer in the said land, died in 1977 leaving behind 3 sons , wife and 6 daughters. The sale deed of Y shows signatures of 3 sons , wife and only 2 daughters. 7/12 has already been given effect and name of X appears on 7/12. All were major when the sale took place.

My question is - 
A. Can the 4 daughters claim any right in the said property now? i.e. 2017? Is it not time barred now?
B. If they can , what will be their share?
Asked 7 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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12 Answers

4 daughters can claim their share in property

2) it would be their case that property sold without their consent and were not aware of the sale made

3) they would file suit to set aside sale

4) 4 daughters have one tenth share each in property

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

A. Can the 4 daughters claim any right in the said property now? i.e. 2017? Is it not time barred now?

If there was no proper partition or if the 4 daughters who were left out of their signatures in the sale deed have not been given any share out of the sale consideration amount, they can very well file a partition suit even at this stage. There is no time limit for filing partition suit.

B. If they can , what will be their share?

Their share shall be 1/0th each or 4/10 collectively.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Is there any limit on time period about when the suit can be filed as stated in 3 above? the paper notice as we call " jaaheer notice " has been done by previous purchaser and also by us. no objections were recieved for the same. I have heard that in such cases the time period is of 3 years. Is it true?

There is no time limit for filing partition suit.

They can claim that they were not aware of any such newspaper publication.

Whatsoever they can file a partition suit at anytime if there was no partition done earlier and they have not been given their rightful and legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The legal position has been explained and the consequences that may arise at a later stage also have been explained properly.

No the ball is in yor court to decide to take risk for this huge and lifetime investment in the name of buying this property.

You may get a legal opinion from a local lawyer which would clear all your doubts.,

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Dont think of compromising with law.

If the other legal heirs decide to claim their share anytime in future there shall be a litigation which can be avoided now itself.

You are the better judge of the situation

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. Since the remaining 4 daughters were not parties to the execution of the sale deed the title of Y is defective, and so is the title of all other subsequent buyers. No seller can pass a title better than his own title.

2. The 4 daughters can challenge the sale deed within 3 years from the date of knowledge of the execution of sale deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the daughters file a civil suit for declaration of the sale deed as illegal and non est and the court passes a decree in their favour the buyers may be evicted from the property in execution proceedings. So better do not purchase the property,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) the limitation period of 3 years would be from date of discovery of fraud

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

seller does not have clear and marketable title to the property

dont purchase the property . you will have diffuclty in selling the property in future

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The said 4 daughters can claim their share of the said property eve now claiming that they were not aware that the property has been sold to a third party including their shares.

2. It will be slightly risky to buy the said property now and if they appear now, they can claim 4/10th of the total property in total i.e. i/10th share each.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The suit shall have to be filed with in 12 years from the date of coming to know about the irregularities or illegalities of sale of their properties.

2. They will certainly claim that they were not aware of the said sale which was made without taking their signature on the sale deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. There is a risk of loosing 4/10th of the property you are planning to purchase.

2. bargain with the vendor and reduce the price accordingly to have a cushion on you to mitigate the loss, should those 4 sisters claim their shares of the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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