• Property purchased form the wife of deceased

My father purchased a property 10 Years ago from the wife of Deceased in whose name the property was! The deceased has 2 daughter and 3 sons! I have the proper sale deed document with the signature of Wife of Deceased, his two daughters and 1 son. Now after 10 Years, 2 son who did not signed the deed earlier (as they were not in town then) showed up suddenly and says the deed is fraud as they have not signed it and the property is theirs! 
I am worried… are they correct! Do the property deed needs the signature of all of them…. Inspite their mother, sisters and 1 brother already signed it… and we already made the payment! Please assist!
Asked 4 years ago in Property Law
Religion: Muslim

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16 Answers

You should take the defence of doctrine of delay and latches.

As they did not came up for 10 year now they have no right to come forward and claim the property. As limitation period for civil suit is 3 years.

If their other family members signed then it is not a defence on their part that they both were not aware of this transaction.

As you have made payment and taken possession as well as completed sale deed and they never objected for this transactions for last 10 years, they cant really defend their ignorance and get the property.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Typically IF the deceased has died intestate (without makinig a will) THEN all the residual Legal Heirs, have EQUAL rights over the deceased's property.

2. IF the Two non-signatory Sons are claiming anything after the sale-deed execution, THEN they have to claim from the Mother, Sisters, Son and claim so by filing Civil Suit in the Civil Court.

3. You are NOT liable in any manner, by the claims of the Two non-signatory Sons, BUT you will be made party in the Civil suit, wherein you will have to bear the nuisance.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

On demise of husband his wife , 2 daughters , 3 sons have equal share in property

2) since 2 sons have not signed sale deed they can file suit to claim their one sixth share in property

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. Yes , on the death of the father his property gets equally devolved upon all his legal heirs which include his widow, daughters and all sons .

2. So if a single son or daughter is left out then his share is left out in the property sold by the remaining legal heirs.

3. in other words the property your father purchased has only 4/6th share and remaining 2/6th share is not sold.

4. So to resolve the dispute it is better if you get a deed of relinquishment executed by the said 2 sons.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

can you clarify me sellers are belongs to which religious

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Check whether the title deed of the property (Prior deed) is in the name of deceased person or his wife's name. If it is in the name of wife,then two children's (New claimants) have no right over the property. But it is in the name of deceased person, then after his death all of his legal heirs have equal right over the property. If so, the two children's have equal right over the property. Also check whether the two children’s are minors or not at that time registration of sale deed and when they become major.limitation period for filing a suit is 3 years which starting from the date of attaining majority .

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

In fact all the title holders should sign the sale deed if it is signed by very few title holders the sale deed is not complete and is questionable but increased a file a suit for cancellation of sale deed you can file a suit of recovery of money paid to the mother and brother and sisters as a money suit along with the criminal complaint of 420 and 406 to create pressure on the opposite parties

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello

Consider a scenario wherein the husband owns a propertya and it is in his name and after his death the property has to be divided among his legal heirs.nobody can sell it without ever body's consent. If this has happened the sons have a case and they can file a suit for cancellation of sale deed and their case is good.

Another scenario wherein the property is in the name of the wife. Now in this case....even if the husband is alive the wife can do whatever she wants and nobody can interfere in it.

If the property in your case was in the name of the wife.....nobodys signature was necessary. Not even of those who signed and you have a case. The children have no right.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

This is my response to you:

1. You do need the NOC of the other two sons;

2. Therefore if they file a case, then you file a counter case on the widow for fraud;

3. Since they are claiming it within 12 year (which is the period of limitation) they have right to stake a claim;

4. You can always contest that you knew nothing of these two sons;

5. To play pressure tactics file a police complaint against the widow for fraud;

6. Engage services of a lawyer to get the upper hand.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

After the death of the property holder yes property would be really inherited by all the class 1 legal Heirs, surviving during his death which would also include the two sons who had not signed the sale deed.

So, two sons can file a case for cancellation of sale deed, but in case that happens you can file a suit for recovery against the person to whom you had paid the entire sale consideration.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. The 2 sons are right. It was a blunder on the part of your father to have purchased the property unless all the legal heirs of the original owner had signed the sale deed in his favour.

2. Now those 2 sons can file a suit for declaration to declare the sale deed as illegal and void on the ground that they had a share in the property and seek recovery of possession from your father.

3. Your father can take the defence that he was a bona fide purchaser but this is a weak defence. Make an amicable settlement with those 2 sons.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1) On property their name were appearing at the time of the sale deed or not.

2) Only mother's, daughters and sons name were appearing on the property.

3) you should have mentioned all related clauses at the time of purchasing the property.

4) We need to read the property sale deed clauses so guide you properly.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes, even these 2 brothers were stakeholders in this(their deceased father's property) and even their permission ought to have been taken before this sale.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

- Is the sale deed registered? If no, it is quite possible the sale was not valid in the first place.

- Did the deceased owner leave behind a Will or any other transfer document in favour of the family members who signed the agreement? If no, it is quite possible that the two brothers have a right in the property.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Hello,

Yes they can claim the share that belongs to them.

they also have the share in the property as per the Hindu Succession Act.

What was the age of the son, at the time of execution of the sale deed?

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The property of a deceased, if reported to have died intestate, shall devolve equally on all his legal heirs.

If at the time of executing the sale deed one legal heir was excluded then he can claim his share in the property anytime during his lifetime by filing a partition suit.

You may try to settle the matter by compromise or negotiations.

Legally you cannot challenge it successfully.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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