• Daughter claimed share after 20 years

Hi, I bought a property 4 years back and I am the 3rd owner. This property is developed by a developer in the year 1997 and the property owner had 2 sons & 2 daughters. During the purchase, sons have signed the document (In the year 1997) but daughters' signature not obtained (1 daughter was Major & other was minor at that time. 
Now after 20 years, 2 daughters have filed the suit against the land developer. In turn, developer asking all the property owners of the layout to make the payment.
I being the 3rd owner, am I liable to make the payment and I would also like to know is that suit is valid as already 20 years passed. 
If so, who is the affected person, land developer or present property owner.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1) property purchasers are not liable to make payment

2)there must be an indemnity clause in your contract wherein seller indemnifies you if any claim is made

3) you can sue the seller to recover payment if any made by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Firstly, the limitation period has already been expired.

Secondly, the only burden was on you at the time of purchase that you inquired a bit atlest.

Thirdly, you will not have to pay anything as it is the developer to reveal all such things if any.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Well ,the maximum time limit to seek declaration on property is 12 years. So after 20 years then suit either by the major daughter or by the minor daughter is purely time barred.

So do not listen ti the developer and refuse to make any payments If the other flat owners make such payment it is their choice.

The legal remedy if the daughters are thinking of has no legal standing and hence you can rest assured on this account.

So enjoy the proeprty as before and wait and watch how the things turn out depending upon future course of action can be determined.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Was it an ancestral property of the owner from whom you bought?

What are the grounds on which she is laying claim over the property?

Why daughters signature not obtained?

Was the minor daughter represented by the owner(father)?

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

I smell something wrong. Tell me, the property owner is live or not. It not, the signatures of daughters were must. Secondly, the sale is void, since one of the daughter was minor. So, it is the present property owner who will be affected. Minor can claim on attaining majority. And other sister can claim from the date of knowledge of the sale. However, in case father was alive in 1997 then his legal heirs had no right during his life time.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

1) As per limitation act to file a suit in the court the time period is lapsed. So she not entitled to claim her rights on the property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

If any responsibility arise to make payment than it will be of previous owner not urs.

Also, suit is barred by limitation.

Precise can be advised on perusal of petition, on what grounds suit is filed. Show petition.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

The suit is not valid being barred by limitation.

you will be treated as the absolute owner after applying the principle of adverse possession.

Appear in the suit which has been filed and get the same dismissed claiming your possession and title on the same.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a case in consumer court against the developer as u r not liable to make payment

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1. The title is defective if the signatures of the daughters were not obtained on the sale deed at the time of sale. Even otherwise, the share of a minor cannot be sold without the permission of the guardianship judge.

2. The suit had to be filed within 3 years from the date of knowledge of the sale.

3. Have you been made a party to the suit or not? If you have been arrayed as a defendant then you need to contest it.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

There is no limitation for file a partition suit.

It can be filed anytime provided the parties establish their claim for partition properly in the court.

The land developer is not the owner of the property, the property owner is the person liable to answer this in the court.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

I kindly clarify on what basis you say it is ancestral property

2) property which has remained undivided for four generations is ancestral property

3) if it is ancestral property daughters would have share if father died after September 2005

4) consent of daughters was necessary to sell ancestral property

5) developer would be liable to pay compensation

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Minor if represented as a co-nominee in the sale deed has right to file a suit to set aside the sale within 3 years of attaining major. In other words, even if minor is included as a co-nominee in the sale deed, he/she can file a suit to set aside the sale. If the property of the minor has been alienated without the permission of the court and without legal necessity, it shall be voidable at the instance of the minor or any person claiming under him.

2. Within 3 years of attaining major.

3. As per S.42 and S.43 of the contract Act, when two or more persons have made a joint promise, all such persons, during their joint lives, must fulfil the promise. Therefore, all joint promisors shall be equally liable to compensate.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. From your contention it is seen tht it was ancestral property, I assume that your have mistaken the concept of the ancestral property, i.e., a property belonging to grandfather shall not be ancestral property in the hands of grandchildren.

If the property was inherited by the next generation heirs, then that becomes the absolute and own property of the next generation heir.

In the above circumstances, since the owner was alive and executed the sale deed by himself, there was no necessity for his sons to join him in executing the sale deed.

However, there is no need for the daughter's consent for executing the sale deed at that time or anytime because not only the daughters but also the sons do not have any right in the property for any share in it.

Thus the claim by the daughters for a share in the property at this stage or any stage earlier is not maintainable in law. You dont have to be worried about their claim or even a suit in this regard because it was properly sold by the seller observing all the legal formalities hence the sale deed is a valid document, therefore the claim made by his daughter is not maintainable or tenable in law.

As a buyer you dont pay any amount as a compensation or anything, if the owner or the developer is paying anything then that is not your problem, you dont reimburse them.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. It was not mandatory

2. The same should have been preferred within 12 years, post which the principle of adverse possession will apply.

3. The developer will have to compensate you

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

For compensation you will have to file another suit on him

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

The law does not give any relief to a person who sleep over right, it is settled law of the land. Claim for partition can be claimed when the properties are not partitioned but in this case it was acted upon and sale deeds were executed long back. Different courts give different findings just drag on the proceedings, it is take a chance suit, ultimately it will be dismissed be assured.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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