• Agriculture land sold by the owner not informed me about his four sons

Dear Sir, 

I purchased agriculture land three years before and it is registred by signing owner /his daughters and his wife. He deliberately hind about his four sons
I got my Adnagal ( 1B ) as per the Revenue Department. This land is Anuvamsimk ( ancestral) property 
Appreciate your guidance
Asked 5 years ago in Property Law
Religion: Hindu

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18 Answers

If it is ancestral property his 4 sons have share in property 

 

they can file suit to set aside sale deed and claim share in ancestral property 

 

ask seller to obtain his sons consent for sale  of property 

Ajay Sethi
Advocate, Mumbai
99870 Answers
8149 Consultations

Ancestral how ? dose it was purchased by seller`s grandfather ? And intestate succession till 4th generation ? If yes than ancestral property and four sons have share in it. Sale of son`s share by father is illegal and sale is void up to that extant. 

Sons had to include as sellers or had given POA to father to sell property. 

Entry in revenue record dose not confer title. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

1. For a property to be classified as "ancestral property", the property should be atleast Four generations old (for this Check Land Revenue Records /documents, Form no. 6).

2. To sell ancestral property, mutual consent joint signatures are compulsory in the sale deed, to avoid any futuristic claims from eligible legal heirs.

3. IF things are amicable with the 4 sons, THEN you can request them to execute a registered "declaration deed" wherein they declare that they have no objection and have relinquished all their rights. 4 Sons also have to give you an indemnity bond for no claim and to indemnify you against any losses or legal litigation's. 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir/Madam,

You are suggested to not to worry and get the mutation done in your favor and start paying taxes as applicable (as per law). 

 

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Without scrutinizing the property papers and the relevant link title documents, it may not be proper to render any opinion based on your incomplete information on the subject matter. 

You may refer all the relevant papers before an experienced advocate in the local and get his legal opinion before taking any legal action on this. 

The revenue records are not title documents. 

T Kalaiselvan
Advocate, Vellore
90072 Answers
2500 Consultations

If you have possession then contest the case if filed by any heirs. In such cases the family tree and indemnity bond needs to be taken care of before purchase

Prashant Nayak
Advocate, Mumbai
34584 Answers
249 Consultations

See if the land owner has inherited or purchased the property and it is in name of land owner not a joint family property then in that case no consent from his sons is required. The land owner is absolute owner and without consent from his sons he can sale the property.

If there is no dispute on land it's title is clear.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- As per law, the property which is four generations old is called ancestral property.

- Further , if the property is undivided , and the owner died without leaving a WILL , then all the legal heirs will have a right to claim share in the property.

- Further , as per Supreme court , now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

Further, after division/partition of an ancestral property it becomes the self-acquired property and not ancestral property, and the person who got his share , has right to sell it to any body as per his wish. 

- Hence , if the property is an ancestral , then fours sons can challenge the sale transaction on the ground of their consent .

- You should contact to the owner , for executing a Release deed /Relinquishment deed in favour of you , where by they will declare that they already left their respective share , and have no objection in the sale transaction done by his father . 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

It is registered on your name ?

If yes than its fine....all ok

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. What right do the sons have in the property? Are they co-owners of the land in question?

2. You ought to have conducted due diligence before purchasing to ensure that he had free and marketable title. A seller cannot pass a title better than his own title. The defective title of seller translates into a defective title in the hands of buyer as well.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

It is not clear whether the land is ancestral land of the seller or his self acquired property and in whose name the title deed stands.

If the seller inherited the land then the signature of his sons is necessary in absence of which no valid title in full passes to you.

Otherwise it is alright.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1. If the land is ancestral then the said sale is illegal without the signature of all the legal heirs on the sale deed.

 

2. To avid such problem, legal heirs certificate is required to be seen before buying a property.

 

3. However, lodge a police complaint against the sellers for cheating you and

 

4. File a suit against the sellers claiming refund of the sale proceed with interest, damage and cost.

Krishna Kishore Ganguly
Advocate, Kolkata
27722 Answers
726 Consultations

Hello,

File a declaratory suit and make him a party to the suit.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. Since it's ancestral property, alongwith his daughters, sons also have share in the ancestral property.

2. File a complaint of cheating against the seller for deliberately misguiding you that he has no children.

3.  Obtain certified Genealogical/Family Tree and get all the Class-1 legal heirs' signatures on the Confirmation Deed, which has to be registered in the jurisdictional Sub Registrar's Office and this will be a supplement to the Sale Deed already registered in your favour.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the land is ancestral property, the four sons of your vendor has share in the said property.

There is likelihood / chance of they filing suit  seeking set aside of the sale made in your favor and make claim of their share.

You have to ask the seller to obtain consent from his four sons with respect to sale of property in your favor.

If he does not do it, you will end up fighting unnecessary litigation.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

if said property  is ancestral without obtaining the consent of his family members.as per the provision of Indian succession act ancestral property cannot be sale without obtaining the consent from other member of the family and if it is sold without obtaining the consent from other family members then in that case the members of that family may challenge the sale transaction by filing a regular civil suit for declaration of sale-deed null and void from the court of law.

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

He or his sons must have challenged the sale.

You should inform the court that you did adequate due diligence but could not know about his sons and in this case the sale be upheld.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You can send a legal notice about hiding the details of his sons and ask him to either provide consent letter from his son or ready to face the consequences for hiding this fact. 

2. You can ask him to refund the money paid to him with interest and cancel the sales deed. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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