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.

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

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

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.

can you clarify me sellers are belongs to which religious

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 .

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

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

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.

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.

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.

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.

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.

- 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.

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

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.