Dear Sir / Madam, I'm planning to purchase a property from A. A has purchased the property from B and B got it from C (say Krishna). Krishna and his father jointly had purchased this property in 1973 and the father expired in 1987. Krishna has converted the land to sites (legally) and has some one of the site to B from whom I'm planning to buy this property. However, Krishna also has a sister (elder) and she hasn't signed any of the documents. The sister was also given a property somewhere else. But, there isn't any document. Now, is it safe to buy this property? Is it allowed for the sister or her children to claim right to this property? Any response is much appreciated. Thanks Raghu
Dear Client,
She have equal share in father`s holding, issue can be raised any time in future by her or her children. Her share could have sold if she had executed release deed in his brother favor.
But the thing is , her claim is now barred by limitation.
1) As per limitations act, to claim rights on property by daughter and her family has been lapsed. And court may not allow to register case in the court.
As his father died intestate she has right to claim share in the property. Get her noc or relinquishment deed prepared.
Heirs can claim right over a property within specified time.
Time limit prescribed to institute a suit is 12 years.
1. In your query, it's not clear as to whether Krishna's father died testate or intestate?.
2. Assuming that Krishna's father died intestate (without executing a WILL), then his share in the property would devolve equally to his spouse and children.
3. Assuming that Krishna's father died testate (after executing a WILL), then his share in the property would devolve to the beneficiaries in the manner stipulated in the WILL.
4. Since Krishna has a sibling (elder sister), she will definitely have equal right in the property share of her deceased father's share, if her father had died intestate.
5. Since Krishna's sister hasn't executed any document (as narrated by you), it's better to get evaluation of documents done by a Lawyer to know whether to proceed ahead or not?
Sir though the sister claim is barred by limitation but there would be risk to buy the property to nullify the risk the sister can be made a confirming party if available.
The sister and children can claim the property of the delay is condoned there is a risk.
hello
the property belonged to Krishna and his father. the father died and hence the portion of his property has to be divided between his children. krishna cannot sell the land unilaterally and if he does so, a controversy may erupt in the future. therefore the sister may go for cancellation of the sale deed and hence it is better to obtain a NOC from the sister and then go ahead with this deal.
regards
This is my response to you:
1. The sister can claim the property;
2. This is because she has not executed a release deed or relinquishment deed;
3. So she can file a suit or any other claim;
4. So obtain the same then only go ahead with the purchase.
Dear Sir,
It is safe to purchase the property if Krishna and his sister execute the same deed, his sister may be taken as consenting witness or demand for her NOC.
Sister can file suit to claim her one fourth share in property
2)her case would she was not aware of sale and has discovered the fraud recently and has filed suitwithin period of 3 years of discovery of fraud
1. Krishna's sister shall not have any right over the property of her Father's 50% ownership, that too AFTER more than 30 years have passed, for any litigation limitations to have been proceeded. Further more so the sister, even if raises a dispute, could have civil suits (money claim) against Krishna and NEVER against "B" or "A" or now YOU.
Keep Smiling .... Hemant Agarwal
as per your details krishna and his father jointly purchased the property. if the area of property is less than or equal to half of the property purchased by C from krishna then it is ok. As the property purchased by krishna and his father jointly, krishna is absolute owner of half of the said property by way of purchase. after demise of krishna 's father, krishna will get another share of his father and the quantum of the said share will depend upon whether his mother is alive or not. you can purchase the property after determination of krishna's share in the property.
Krishna's sister is entitled to her legitimate share out of her father's share in the property similar or at par with other legal heirs, provided her father is reported to died intestate.
You confirm this position and then after obtaining proper legal opinion from a local lawyer you may plan to buy the property.
Dear Sir,
The law recognizes 12 years to claim partition if there is already partition. The Supreme Court says sleeping litigants have no right to approach the Court at any time.
Not safe to buy because it was important for the brother to have obtained NOC/relinquishment from his sister before selling off the entire property.
Thanks for all the different perspectives on this question. The specific issue which helps my decision is - After 30 years, can Krishna's Sister or her children register a case now and will it be valid ? Additional background, the area owned by Krishna and his father is converted to 50+ plots/sites and I'm planning to buy one of the plot/site.
They can file suit but only if they can satisfy condonation of delay. Because civil cases works on limitation period and generally limitation period is 3 yrs.
Case time barred and she had half share so purchased plot consideration shall divide to her. No effect to your ownership.
case can be filed to claim share in property if they were not aware of the sale
delay in filing case has to be explained
Though the case is barred by limitation but if they satisfy court for reason the delay can be condoned and case may be admit.
See even though there are 50+ she can claim right title of property is not clear
Krishna's sister can seek partition and claim her legitimate share out of her father's share in the proeprty if he is reported to have died intestate, at any time, i.e., even after 30 years.