Father bought a property i.e 8 acres of farm land in the year 1941 . father has 4 daughters and 1 son. all daughters were married in the years between 1970-1980. father died in the year 1990. after fathers death daughters gave full rights of the left over property i.e 8 acres to the son in an un registered writing. now the son died in the year 2000 and the widow took over the property and aquired all the passbooks from the government in her name. now widow sold her property to a third property and the third party got all the documents registered in their name. after all these years 2 daughters of the 4 have come for share in the sold property. what is going to happen to the property weather the widow is answerable or the person who bought the site is answerable. since the above daughters have previously given in writing about the rights of the property is there any issue in the case with daughters
It is father self acquired property
On his demise both sons and daughters have equal share on property
3) daughters have not executed gift deed or relinquishment deed for their share of property
4) unregistered writing has no value
5) daughters can file suit to set aside sale deed and claim their share in property
what if 2 daughters doesnt claim
The 2 daughters can execute gift deed or relinquishment deed for their share in property
Relinquishing the rights by an unregistered release deed isw not valid and it can be argued that it was obtained by force.
If they approach court seeking partition and separate possession of their share in the property then the vendor has to make arrangements to compensate them with money if not the property.
The buyer will also be in trouble
The buyer will be dragged to court as a necessary party to the suit since he purchased the property without taking legal opinion about this.
what if 2 daughters doesnt claim
Whoever claims partition has to be answered. Why do you bother about the other two who did not worry to claim their respective shares.