• Claim of sellers relative

I purchased a land in year 2010. In 2019 last owners sister send me a noticed that her brother sell a property without her permission. But when I purchased a land her name was not there in 7/12. Seller was only person in 7/12. Please advice.
Asked 14 days ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu

She may file a suit for cancellation of the sale deed in case she is a legal heir to the property. Confirm this from the seller and if he denies then check his family history and relatives and in case this is true and he had not taken noc from his sister before selling the land then file a fir against him and try to negotiate with the sister.

Regards 

Rahul Mishra
Advocate, Lucknow
2033 Answers
8 Consultations

5.0 on 5.0

Have you  taken Encumbrance certificate at the time of purchasing? Land on whose name that time? Is this property by self earned property by previous owner or heredity property?  

G Suresh
Advocate, Chennai
223 Answers
1 Consultation

4.9 on 5.0

1) if property was standing in brother name sister consent was not necessary for sale of property 

 

2) I presume it was self acquired property of her brother 

Ajay Sethi
Advocate, Mumbai
55639 Answers
3355 Consultations

5.0 on 5.0

7/12 is not a title document.

You can issue a reply notice and challenge the case in court on merits with the support of documentary evidences in your possession.

 

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

You need to establish that you are a bonafide purchaser based on the facts stated by you. Pls let me know how your seller has devolve the property  ? What title deeds you have gone through ? 

Buvaneswari
Advocate, Chennai
39 Answers
20 Consultations

4.3 on 5.0

See you are bone fide purchaser if the sister is claiming her share and she files a suit in the court you need to contest same on the ground that based on 7/12 extract you purchased the property and you were bone fide purchaser . 

Further if seller has falsely sold sister's share then you have to proceed against the seller. You can file a cheating case and case to recover your amount paid along interest.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you bought the property, and you did minimum inquery also with respect to the property which is the utmost requirement at the end of the buyer.
  2. Give her a reply that if she wishes to claim any right then she should ask her brother for her share as you have bought the property legally afterpayimg he required amount.
  3. You need not to worry as you are in the possession of the property and having all the required documents on your possession.

Rest, if you like my answer then you can consult me through Kaanoon for any further legal assistance and for making the reply also in legal language.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
2819 Answers
6 Consultations

5.0 on 5.0

1) You have to check mutations documents from the year 1985 onwards.

Ganesh Kadam
Advocate, Pune
4903 Answers
34 Consultations

5.0 on 5.0

You need to send a reply to her notice, denying all her assertions on merits, saying that you have rightly purchased thr property in question from her brother.

It is advisable that you send the above reply through an Advocate/  

Vibhanshu Srivastava
Advocate, New Delhi
7658 Answers
94 Consultations

5.0 on 5.0

7/12 is not a title document

its only a revenue entry

you either need to check the title of the seller i.e. whether the seller has a proper registered title deed OR

If the original owner died, then whether his legal heirs had obtained LA or probate from court and got registered transfer deeds in their favour

did you check all the above before purchasing the land?

 

Yusuf Rampurawala
Advocate, Mumbai
2901 Answers
12 Consultations

5.0 on 5.0

Dear Sir,

Such collusive notices are common.  Get issue a fitting reply stating that it is the exclusive property of her brother.  Let her approach the court seeking cancellation of your sale deed for which she has to pay huge court stamp fee.  You are in safer zone provided you retain your possession.  

Netravathi Kalaskar
Advocate, Bangalore
925 Answers
3 Consultations

5.0 on 5.0

Dear Client,

If property is inherited, her consent must and if self acquired than no permission required. But matter is barred by limitation. 3 years limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

1. In the instant matter ONLY the land-owner has the legal right to Sell /Object /whatever, relating to the Land. The said sister has absolutely no right, whatsoever & whensoever, to create grant permissions or objections or notices, more specifically to the present buyer.

2. HOWEVER the sister can file civil suit ONLY against her brother, BUT this too has now become Time-barred (three years). The sister has no right of any legal litigation over the present buyer.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1127 Answers
6 Consultations

5.0 on 5.0

At present just serve a legal notice upon her in reply that she has no legal claim upon the property as now you are the owner. 

If she files any suit, I'm prepared to defend you as your advocte. 

Do leave your contact details in feedback, as they aren't shown to me here. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
245 Answers

4.7 on 5.0

This is my response to you:

1. Whose property was that initially?

2. Did it belong to either of their parents?

3. Was an NOC or released deed not executed?

4. If her name was not there in the 7/12 extract then you have nothing to worry;

5. Reply to the notice through a lawyer;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1589 Answers
2 Consultations

5.0 on 5.0

Let her contest. As you have paid to the real owner he is responsible for the same. Actually always we should take noc from legal heirs

Prashant Nayak
Advocate, MUMBAI
4010 Answers
2 Consultations

4.8 on 5.0

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