1) buyer can sue your grand mother
2) your mother was mere witness and is not responsible
3) first party is liable under indemnity clause to indemnify you in case any claims are made third parties
Validity of Sale Deed executed in 2006
My Grandmother brought an property in Tamil Nadu in 1996 from the first party ( first party is still alive), and sold the same property in 2006 to another buyer. During registration my mother has signed the witness signature . Issue :The buyer has sent an legal notice to My Grandmother and to my mother in 2019 , stating that the said property is not physically present in that location and has asked compensation , from below parties 1. My grandmother (82 years old) 2. My Mother (50 years old) 3. First Party as well (62 years old) My grandmother has been cheated from the first party. - Can the buyer hold us responsible even after 13 years later after the purchase of the property ? - What is the liability of my mother as she is the witness , is there any legal issues that she has to face? - Can we redirect the buyer to first party (she is still alive) without any legal consequence to us (second party)?
Asked 6 years ago in Property Law
Religion: Christian
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
12 Answers
How can he purchase the land without seeing it. Both the old seller and you will be involved in the said case. You need to show that you were not having any knowledge and intention of cheating
Your grandmother had not taken possession of the property or not seen the property atleast once in a time of 13 years.
Which property seller had shown to your grandmother at that time and what details are mentioned on sale deed which were registered in the sale deed that too are not matching with current location of the property.
Need to cross check with Registrar and other revenue department from state government employees. Those are also responsible in this transaction including seller.
You can make party to all of them and send a legal notice.
Quite strange .
His case may be he could not identify.
Regards
G.Rajaganapathy
Was the physical existence of the property not verified when your grandmother purchased it in 1996? Did you check with the first party who had sold it to your grandmother? The buyer has right to do so if he can establish that the 'non-existence' of the property came to his knowledge only recently. Your mother has no legal liability if she had signed only as a witness. You have a right of recourse against the first party, but you have to compensate the second purchaser.
- Yes. the buyer can sue againt your grandmother for possession , but cannot recover the amount after so long period.
- Your mother is not responsible for the said dealings, she is only a witness , hence a winno case made out against her.
- The main person here responsible is First party , he may be implicated for cheating and breach of trust., and further your grandmother is also responsible for the same.
- Better to reply the said legal notice after narrating all the detals.
If he has discovered the fact now on that ground he can file a case now and he has to file for condonation of delay and also explains the delay.
See mother is witness only in document so that land exist or not same is not her liability she cannot be sued for same.
See you can file suit agaisnt the first party in case the matter is ruled agaisnt you or he.may be jointed party to suit.
You are saying Grand mother holding the property without knowing physical presence/position of it. Buyer must have seen the property before purchase.
For criminal act of such nature no limitation. But he was waiting for 13 years, what is actual position of property ?
Mother has no liability, she is only witness to the execution of sale deed and not involvement in sale.
Property not actually present ? than what your GM owned for 10 years and what buyer for 13 years ?
You file FIR agasint first seller or send same notice to her.
Yes buyer can hold you responsible for the fraud done but I don't understand one thing that how can both your grandmother and that second buyer buys property without physically checking that property.
Your mother cannot be held responsible for the fraud.
Your grandmother can file suit against first party under indemnity clause of sales deed to recover any losses due to case of buyer.
1. How could your grandmother sign both as seller and witness on the sale deed executed by her?
2. Be that as it may, the property was sold by your grandmother in 2016. Now after 13 years the buyer has no cause of action to sue her.
3. Let your grandmother reply to the legal notice through her lawyer.
4. The suit by the buyer is, prima facie, barred by limitation.
Since you have received a legal notice it becomes your duty to issue a reply notice denying all the allegations.
Your mother being a mere witness, she need not worry about it because there is no liability on her for this.
Your grandmother is liable to compensate for the amount/sale consideration if there is no such property available as mentioned in the registered sale deed.
Dear Sir,
Reply the same saying that the property exclusively sold by deceased grand mother and possession delivered as on the date as per the recitials of sale deed. The limitation is only 3 years to claim that possession was not given but presumption is that possession was taken by the buyer. If he files any suit it will be dismissed summarily under Order 7 Rule 11 of CPC.
