Unclaimed parental property
I would like to purchase a independent house in Hyderabad. The first document (Origin) document in 1994 has sold by a person (X). His(X) father (Y) has died in 1977 & has got 8 family members (Including wife), but no partition of property has been made legally. Mr. X has got the property (Land) in his family partition and in sale deed also only only X had signed in 1994. But no where it is documented that this particular land belongs to Mr.X.
Mr.X sold to A1 (in 1994), A1 to A2 (in 1999), A2 -> (via GPA) A3 (M) (2006), A3 -> Sold to current person (M) in 2014. In 2014, Mr. M has build up an independent house in that land.
Now my question is:
1) Can I buy this property from Mr.M?
2) Is there any chance/possibility that the family members (brothers/sisters) of Mr. X would claim about this property as Mr. Y (Father) had been died.
Note: Succession document been there against 8 members of family & same reflected in Pahanis.
Could you please let me know soon, as I have to confirm with Mr.M by this monday or tuesday.
Asked 3 years ago in Property Law from Hyderabad, Telangana
Without seeing the title deeds it is very difficult to make comment on title of a property. Apparently the deeds and the recitals you have mentioned does not make this property safe to purchase.
I would however advise you to take advice of a local lawyer who can make comment only after seeing the papers.
1) on demise of father Y each legal heir had 1/8th share in property
2) in case one of his son X has got the land by partition is the deed of partition duly stamped and regd?
3) you have to check whether all the subsequent sales have been by sale deed duly stamped and regd ?
4) contact a local lawyer . ask him to give in writing that title to property is clear and marketable . then only purchase the property from M
there are many transactions or alienation from original owner. In the property law subsequent owner always has priority over the prior/previous owner. property is undisputed from any member of his family. it is not necessary to execute family settlement deed or any registered deed in partition of family property. possession from long time alone gives title to the person holding it. he had adverse possession against remaining members. so he had good title at the time of transfer to A1 and subsequently better title has been transferred to M. You can buy it, no disputed will arise against the title.
A. How Mr. Y has got the property right is so arcane? And prima facie it is established defective title in this property.
B. After the demise of the Mr. Y that class I legal heirs of the same are having equal right over the property. You have to verify as to whether family settlement deed was executed between Mr.Y's family or not?
C. In your case, there no perfect title flow visible in this property. And Mr. A2 tansferred the property via GPA, Whether GPA is registerred or not?
D. As per your statement, still 8 members name visible in pahanis, hence, the said property had to partition between all 8 members on that day. Therefore, I would like to recommend this property title flow is not clear, kinldy consult a local advocate by producing all documents for final legal opinion.
1. If the partition was not made in accordance with the law then the house could not have been sold unless the consent of all the legal heirs was reduced in writing.
2. X alone could not have sold the land unless his family members had consented thereto in writing.
3. The subsequent sales may be in accordance with the law, bu the original sale by X seems to be illegal. As a corollary thereto, the antecedent chain ownership is vitiated.
4. The sale by X and subsequent sales by any of the purchasers can be challenged in and struck down by the court if a claim is made in that regard by X's relatives. It will be imprudent to purchase the property.
1. X did not have clear marketable title to sell the property to A1,
2. The said sale was illegal,
3. So, all the subsequent sales are illegal,
4. No body can predict whether other legal heirs of Y (or their descendants) will lodge a claim on the said property or not,
5. If they file partition suit for the said property, the judgement may go in their favour,
6. It will not be prudent to buy such a property.
With respect to yesterday's question, Mr.Y has 3 Sons & 4 Daughters. GPA had been made against Mr.X from his 2 brothers (V & S) to sell the property over survey numbers. Because her/his father died in 1977 & 1st transaction done in 1994, second in 1999, third in 2006 & latest to M in 2014.
1) Has at any point of time does 4 daughters have chance to claim the property.
2) Before how many years women can claim the property rights of their father?
3) Generally is it 3-12 years for private property or more? Now it is been 20 years+.?
Asked 3 years ago
The daughters of Y who did not consent to the sale by their brother X can claim their share at anytime. There is no time limit laid down under the law to enforce a share in the property.
1) daughters have share in property standing in name of deceased father
2) son has no right to sell the property without consent of the daughters
3) daughters can move for setting aside sale deed and claim share in the property
4) daughters can always take the plea that they were not aware of the fraudulent sale made by the brother
5) the delay in moving. court will have to be explained by the daughters .
1. Yes, the said 4 daughters can claim their share on the said property,
2. They can claim anytime saying that they came to know about the sale without their consent recently,
3. Any time. Only thing thay shall have to state that they did not know about the said sale and/or that they were not present in the locality to know about it or any reson for the delay in lodging the said claim.