Grand daughter would not have any share in self acquired property of her grandparents
2) contact a local lawyer and file reply to legal notice
Claim from grand daughter on property acquired and sold by him
I purchased a property of 2.07 acres of agricultural land through registered document in the year 2010 from one Mr manda bal narsimha , which he purchased the said land in the year 1984 through registered document. While purchasing the said land my lawyer made mr manda bal narsimha's only son and only daughter as consenting parties along with his legal heirs. Now , one miss manda bhuvana has come forward claiming that I was deprived of my share and I don't know about the sale of said property.and sent me a notice through a lawyer.. What shall I do know.
Asked 8 years ago in Property Law
Religion: Muslim
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8 Answers
What if the property was pooled in the ancestral property they owned earlier.
Asked 8 years ago
If it was ancestral property then granddaughter would have share in property
Hi, it is advisable to join the proceedings of court, so to avoid any ex- Parte order ..
1. It is not clear whether the land of your seller was his self acquired property or ancestral property.
2.if it is ancestral and he died before 2005 or is still alive then the claim of Ms.M Bhuvana has not no legal basis.
3.if the land was his self acquired then also this lady has no share.
4.However if I see the contents of the lawyer's letter then further advice can be give.Prima facie this lady has no legal claim on the proeprty.
According to mother document Mr. manda bal narsimha purchased the property. So, it is self occupied property and his legal heirs does not have any share in it.
So, send the reply to notice accordingly with the facts.
If the landed property you purchased now in the year 2010 was sold by the vendor Mr. Manda bal Narasimma, who had marketable title i.e., if he bought the property on his name by a registered titled document on his name, then you need not obtain signatures from is legal heirs.
Actually the concept of legal heirs will arise only after the lifetime of a person.
Hence the signatures obtained from his children at the time of buying the property also was not necessary.
The claim made by his another child at this stage or anytime earlier is not binding and it is not maintainable.
Ignore her notice by giving a reply that she is not entitled to any share in the property and also if at all she has any claim that can be made from her father and not from you and that you are repudiating her claim.
What if the property was pooled in the ancestral property they owned earlier.
You have bought the property based on the registered sale deed held on the name of the vendor and his marketable title had been verified and confirmed before purchase.
Hence there is nothing to be worried about it, if at all she is proceeding to court for relief, you can challenge her claim and nullify the same applying the position of law.
Her claim is not maintainable in law or in facts.
1. If this was the self acquired property of the seller then none of his legal heirs had any share in the property during his lifetime. He was at liberty to sell it to anybody he desires.
2. If, however, the property was pooled in the ancestral property then it could not have been sold without the consent of all coparceners.
3. Reply to the notice through your lawyer and deny the claim of the sender.
