• Daughter of ex-owner claiming share in property

I have bought an agricultural land admeasuring 5.38 acrs from a lady in 2016. Lady has acquired property from her (late) husband admeasuring 3.38acrs and got remaining 2.06acrs as gift from relatives. Both lands have different survey numbers. At the time of registration we have made the lady and her 2 sons as parties of sale deed and taken an affidavit from her daughter which contained the acceptance of sale of property. Now daughter came to us saying that the affidavit has been forged and claiming her 1/4th share of property.In Affidavit, witnesses are her own brother and a well known person in village. Daughter age is 45 yrs now. Please help me in this regard. What will be my legal position now. Do i have to worry on loosing money or property !?
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

She cannot claim share from you. She can get her share of money from her mother and brothers. She have no right to approach you as sale have taken place.

If according to her document is forged then she should approach court for forgery against her mother and brothers.

If she is harassing you then you can file suit for declaration of title and permanent injunction.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You have nothing to worry

2) daughter has no share in 2!acres of property

3) she has received 2 acres as gift deed from her relatives .once gift deed is executed duly stamped and registered mother would be absolute owner of property

4) you have stated that lady acquired 3 acres from her deceased husband. You ha e not mentioned whether she inherited it or purchased it or acquired property by gift deed

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. The affidavit of her daughter as regards no objection in sale has no value.

2. The right of co sharer in a joint property is relinquished only on the basis of a registered deed of gift and an affidavit as in your case has no value.

3. So the daughter has all the rights to retract from her earlier consent and claim her share.

4. SO do one thing to avoid this is to get a deed of relinquishment executed by her on making requisite payment in her name. Else she can invalidate the deed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir if the property received from husband is through gift or will then firstly daughter has no right further there is affidavit of daughter on record acknowledging the sale though if she has right she has to give a relinquishment deed.

Further you don't have to worry in worst case even if any right of daughter is made out you can claim your amount back with interest from seller. And can file a criminal complaint against them.

Further for examining daughter share property papers chain need to be perused.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See if the property is inherited from husband as intestat succession then daughter too have right.in the property share in that case what I would suggest is if daughter is ready.to.settle.by settlement by paying some amount then same can be given otherwise the case.has to be contested on affidavit for NOC given by her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You mean to say husband executed will bequeathing property to wife

2) if so wife would be absolute owner of property

3) daughter consent not required for sale of property by mother

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Even if it is inherited consent of all owners is present as mother and brothers are party to sale deed and daughter has given affidavit.

So no issue at all. If daughter wanted share she could have objected the transaction.

If the affidavit was forged then she must prove it in court.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

You will not lose the money.

Do not worry, she will have a bery weak case.

As and when case is filed, you produce her brothers as witness in the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a caveat in the court beforehand so that no order is passed in your absence.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) One should have mentioned her name in the sale deed along with mother and her sons instead of making affidavit. One should have not twist this of making affidavit.

2) If you have invested so much amount then try to call a meeting if all legal heirs mother, sons and daughter. Tell mother and brother get sorted this case or pay the amount if you had mentioned indemnity clause in the sale deed.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

It would be better for you to take proper legal guidelines by showing complete files, affidavit etc of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

it was a mistake on your part by not making the daughter as party of sale deed as like sons. the affidavit has no value. the claim of daughter for one fourth share of her father's property is valid and you cannot evade.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Hi

1) With reference to 3.38 Acres, your title will be perfect given that

a) The lady has got by way of inheritance from her husband and in accordance to Hindu succession law, a property in the name of the woman is her absolute property irrespective of how she acquired vide section 15 of Hindu succession act and

b) That the sons have joined their mother in the execution of sale deed in your favour and

c) that the daughter had executed an affidavit wherein her brother and another well known person ratifying the sale deed.

2) With reference to 2.06 acres, since the property was obtained by the lady by way of gifts from her relatives, the same will be her absolute property and children do not have any rights on the properties.

3) As such your title is perfect and if the daughter is challenging the affidavit, you can file a suit for declaratory title and permanent injunction under Order 38 of CPC and also obtain temporary injunction against the daughter by filing an Interlocutory application under Order 39 of CPC.

4) In your case, it is very clear that your title is perfect and that the daughter has become greedy because of price rise.

5) Also since you are in possession of property since 2016 and have taken care to convert from agricultural to non agricultural and have also taken 100KVA power, you can easily prove possession and get injunction against the daughter and also win your case .

6) Please note filing of case against the daughter is recommended so as to keep the daughter away from the land and avoid harassment by the daughter.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1. You should have made the daughter also the co-seller of the said property.

2. However, the daughter shall have to file a case against you claiming her share of the property which will take years to be disposed of.

3. You can contest the said case if filed by the daughter submitting the affidavit already affirmed by her before you had purchased the said property.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

You have asked the same question on a different note a while before in a different post of this portal, however my opinion remains same that the mother has full rights in the property, if the same was transferred to her name by executing a registered gift deed reportedly by her deceased husband in her favor during his lifetime.

However if he was reported to have died intestate then the daughter can claim her legitimate share in the property even though she admits to have made an affidavit, because affidavit is not a valid relinquishment as per the transfer or property act.

You confirm the details properly and post the query once again because your query with insufficient details will be a misguidance only.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Got property as inheritance from her husband. After purchase of land i have constructed an industry in the said property. In recent times due to industrial development in this area, the land prices have shooten up to 40%. In such case claiming amount back with interest from ex owner is not worth. Also i have converted the total land to non agricultural and took 100kva power. Please help how to protect myself from this situation

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What is inheritance?

She is not the only legal heir to her husband, her children also are entitled to an equal share in their father's properties, hence she can sell only her share in the property and cannot include her children share of property also in the sale deed without their consent of permission or relinquishment.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

The daughter having relinquished her claim, cannot belatedly come to you seeking her share.

In any view of the matter, the onus is on her is to prove that the affidavit is false,

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

. IRRESPECTIVE of any criteria, the Sale Deed with the Lady, will not be affected, even though the adult daughter raises a claim on her share.

2. NOW the daughter has an option of filing a recovery suit against her mother, for her share (sale amount), ONLY over the deceased's property of 3.38 acres. Daughter shall have no claim on the mothers property received by her as Gift.

CONCLUSIVELY, your sale deed cannot be revoked or challenged, to the exception of uselessly fruitlessly getting involved by the daughter to arm twisting you for some kind of settlement.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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