• Right Owner of the Property after death

Hi Sir,

My mother brought one property from one person(Mr. Manikandan). Mr. Manikandan Brought that property from his cousin (Mr.Raju). Actually the property was Raju's Wife(Sujatha) ,and she passed away due to cancer and she dint have any children. Actually Sujtha Got the property from her parents and they also passed away.

Sujatha Have 4 Sister and now they are claiming that they are the actual owners of the property and they filed one case against Mr.Raju and Manikandan in munsif court. Now the court odered that the sale deed between raju and Manikandan is void.

We Made some maintenance work in that building and made one compound wall also. 

IS there any chance of hope towards my mother if we go for an appeal against that munsif court judgement .

Hope a reply from your side
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

1) your remedy is against seller Manikandan 

 

2) there must be indemnity clause in your sale deed to indemnify purchaser in case of any claims made 

 

 

3) sue the seller to recover your money with interest 

 

4) chances of success in appeal are bleak 

Ajay Sethi
Advocate, Mumbai
94726 Answers
7536 Consultations

5.0 on 5.0

1) Kindly check all mutation papers from day one how Sujatha's parents had purchased or inherited this property and how she  got transferred on Sujatha's name.

 

Than only we can guide you properly.

 

Meanwhile we can file forgery and fraud case against them.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

The property originally belonged to the parents of the woman who may have named her in the will. Now after her death the property would go to her children which she didn't have so her siblings or other relatives would have share. It cannot become the property of her husband hence the sale deed is void. Now the factor of due Diligence comes into the picture. If you knew this you won tg het any compensation and if you didn't know but still did not care to find out you still are guilty.

You have to prove that you were not able to find out anything even after diligently enquiring about it.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

See since it is complete civil suit and claim is contested in the suit the order and case papers need to be pursued for giving advice in same. That how sisters got.right in the property without documents it would be futile to suggest anything.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can go for appeal as you have paid consideration. But chance are bleak. You can file a cheating Complaint in the said case. You can also file suit for recovery of money paid to him. You can try to settle if they are paying you the money with interest

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Client,

Appeal will be futile, you can proceed against Manikandanto recover your paid amount with interest. ON Sujata`s issue less death, property inherited from parents will inherit in paretns heirs and not in her husband.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

According to S.15 of Hindu Succession Act, if female dies intestate, then her property goes to her children, if she did not have children it goes to her husband.  Hence your purchase is not void. You can move to appellate court against the lower court order.

The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband

Section 15 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

please provide date of sale agreement between you and Manikandan and

 

between Raju and Manikandan

 

have you taken the ground of delay in your reply?

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

1,. First of all you shall have to file a case against Mr. manikandan for refunding the sale proceeds along with the cost of registration of the sale deed with interest since he has sold the property to you which is not legally owned by him.

 

2. You arfe not a party in the case filed before the Munsef court for filing the appeal against its judgement. You have not even entered in the said case as an intervenor, may be you were not aware of the said case.

 

3. Moreover, you have no acceptable ground to challenge the said judgement.

 

4. You can either seek refund of the sales proceed or negotiate with the  said 4 sisters to settle/gift/sale their proportionate shares of the property to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

It would be better for you to take proper legal guidelines by showing complete files 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
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

You may appeal against that order.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Raju being the only surviving class I legal heir of his deceased wife, he very well was the right and correct person to acquire the proeprty left behind by his deceased wife and he had thus, the marketable title to sell the property to a third person, hence the judgment of the munsif court, if your contention is accepted to be true, then it appears to be erroneous.

However without seeing the copy of the judgment no further opinion can be rendered on it, however if your contents are to eb taken as true then this is a fit case for appeal and you may get a result in your favor in the appeal

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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