• A property dispute lodged by son of my uncle

Originally a family property (X) held in name of 5 family members: A, B, C, D and E. Family member A is separated from business and is given the property X. In due course Family member A approaches his father and asks to legally transfer the property X in his name. Finally property X gets transferred in the name of member A. All family members B, C, D and E signs in front of the magistrate in presence of witnesses and the property is transferred. Member A now becomes the sole legal owner of the title of X. This property is held by A now for more than 15 years and is intending to sell the property.
Member A now is selling property X.
B, C, D and E died and son of member B files a suit in the civil court claiming 1/5th of the property X. Member A has all legal papers, titles and no objection letter signed by B, C, D and E in his name. How can Member A get out of this dispute without going in court case? is there any advice you can provide me ASAP please? What points I should consider? Please email me at [deleted]
Asked 6 years ago in Civil Law

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21 Answers

Son of B has no right in the property as his father relinquish his right, however, he can only make some harassment, 

Nothing on merit,

if there is no stay on sale of the property, you can move ahead and can sell,

if there is stay, first vacate the stay and then sell the property.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

the suit is filed only to harass you and to grab some amount

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

If the property where self owned by A's father than whatsoever is done that property is transferred on A's name is correct. No one has any rights on it. As of now his nephew is just creating litigation for X property selling deed.

 

 

Secondly if this property is ancestral property than A has to give share to other siblings that they have given NOC to have X property as agricultural land and not for sell. So need to check partition deed of other property or relinquish deed.

 

Plus need to review what type of deed registered at 15 years before between A and father plus brothers.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) A has to contest the suit filed by son of B 

 

2) take the plea that he is absolute owner of property 

 

3) I presume transfer has been through registered  deed and other co owners relinquished their right , title interest in property 

 

4) mere signing as witnesses does not amount to relinquishment of right , title in property 

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

it is necessary to peruse registered transfer documents executed by family members in favour of A 

 

you  have to contest suit filed by son of B take plea that you are absolute owner of property 


it is necessary to peruse registered transfer documents executed by family members in favour of A 

 

you  have to contest suit filed by son of B take plea that you are absolute owner of property 


it is necessary to peruse registered transfer documents executed by family members in favour of A 

 

you  have to contest suit filed by son of B take plea that you are absolute owner of property 

Ajay Sethi
Advocate, Mumbai
99864 Answers
8148 Consultations

See if suit is filed then in that case A has to file written statement to the suit and further an application to reject the suit as there is no valid cause of action to file the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The rejection of plaint/ suit can be also filed on ground that same is barred by limitation also so the application may be accepted and the court may reject his suit. You need to approach the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to contest the said case or settle with him there is no way to come out of the same without court case other than settlement

Prashant Nayak
Advocate, Mumbai
34577 Answers
249 Consultations

As per facts given by you, you have have a good case. See, you cannot stop anyone to take legal recourse. One has to prove his own case first.   You are only to defend your case with the evidences you have. So, hire a local senior advocate civil and get your case contested forcefully.  Truth ultimately prevails.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

A can sell the property so long as there is no stay against the sale of Property.

As far as proceedings against the suit property is concerned please engage a local lawyer and defend the matter on merits.

Deepankar Kataria
Advocate, Delhi
194 Answers

When B was not married where comes the son, now if suit has been filed then have to be contested and there is no way to remain out from it but as A has all the valid documents with him then nothing can be done by the son of A and he is not entitled for 1/5 share in the property.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

A have to appear in court where he will have to submit copy of title document. What deed was executed, GIFT deed/settlement or release deed ?

Claims of B is futile and will not sustain. Hope no stay granted or status quo. You can sell the property during case.

Deed registered at sub registrar or by order of court ?

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Client 

If you want to settle the dispute out of court then son of B will claim a heavy amount related to his 1/5 share. 

And as the case is already in civil court Then my suggestion is that you should contest the case with all the papers you have and it's been a long time that property is in your possession and you also have benefit of adverse possession in your favor.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hi,

There is no bye pass of court case and the present case will fail if you contest it strongly. You are suggested to file your reply and the application under 7 rule 11 to dismiss the present suit with heavy costs.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. as B's father consented for transfer of property X to A, B's son now has no business to challenge the same

2. this is not an ancestral or coparcenory property in which the son of a son can claim right [assuming parties are Hindus]

3. even otherwise, once the joint family property is partitioned between the family members, the property loses its character of joint property and becomes the individual property of the person to whom it is transferred on partition

4. in this case, it is the legal heirs of A who will have a claim over their father's property when he passes away

5. B's son can claim right as a legal heir in his father's property and not in his relative's [A] property

6. B's son suit will fail miserably

 

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

If the property X was transferred to A by execution of a registered deed by all other members of the family who were entitled  to a share in the property, then that becomes a legally valid transfer in  the name of A.

Therefore that property belongs to A exclusively hence nobody can claim any share in it as a right. 

The claim made by son of B may not be maintainable in law.

However if he is stubborn in his claim for a share in the X property and  if he is not convinced about the legal position and if A is also reluctant to go for any compromise (actually compromise is not at all required), then the next option is to challenge the claim in the court of law.

T Kalaiselvan
Advocate, Vellore
90066 Answers
2499 Consultations

You say that the family member B was not married but again say the his son is claiming the share in it, how come?

If the family member B was not married then his son is an illegitimate son who cannot claim any share in the inherited property.

The claim for a share in the property made by son of B may be challenged properly in the court of law accordingly.

T Kalaiselvan
Advocate, Vellore
90066 Answers
2499 Consultations

1. B.C.D & E hs already registered the deed of conveyance and transferred the title of the property X to A.

 

2. So, A is its legal owner since last 15 years as per law.

 

3. The son of B has filed a suit claiming 1/5th share of the property X.

 

4. What is the ground he has shown in claiming his said share?

 

5. However, since he has filed a suit before the court you have no option other than contesting the said suit before the Court.,           

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. Order 7 Rule 1 specifies the "Particulars to be contained in the Plaint".

 

2. So, he shall have to prove with evidence that all the particulars which were requiredc to be contained in the plaint was absent.

 

3. You have a very strong case to win & it apperas that the son of B is just measuring the legal water and trying his luck.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

A should contest the case on merits, B has no rights to claim any share in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
19339 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that the right of the son of B would depend upon the nature of the property and his birth date.
  2. It seems that the property was ancestral in nature and if not then also the same was in the name of group of people.
  3. Legally, the property should have been come to A after executing a transfer deed by all interest members.
  4. But, yes as they were present there in the office of the registrar and singed also giving NOC would make the property sole of A.
  5. If the property was of ancestral in nature and son of B was not born then also som would not be having any claim in the property, otherwise being the coparsner he would get his share out of his father’s notional share.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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