He can file suit but chances of success would be bleak
2) delay of 30 years in filing suit would prove fatal
3) if it was self acquired property of seller his legal heirs had no share in property and seller could sell it during his lifetime
I have purchased property can legal heir of property can file suit against me
I have purchased property can legal heir of property can file suit against me We have purchased property 30 years ago, seller of property died and legal heir of seller can file suit against me for claiming right over the property.
Asked 5 years ago in Property Law
Religion: Hindu
26 Answers
No if it is self acquired property of seller.
1. It's possible that legal heir of the property seller can file suit against the Purchaser.
2. However, in the instant case it's barred by limitation, as the transaction has happened more than 30 years back.
3. You can defend your case by putforthing valid points on your side.
how to cancel the hista podi done by survey officers
Asked 5 years ago
What is hista podi ?
Yes they can file if they have share in the said property
Not actually.
Legal heirs cannot claim
What is hista podi ? Kindly clarify
seller dont have childerns & seller has one brother, can son of brother of seller can file the suit against property purchased by me 30 years ago. We have purchased the property 30 years ago from Mr.A (Seller), Mr. B is the brother of Mr. A & Mr.C is son of Mr.B. Mr. A dont have any childerns Now Mr.B can file case against me for claiming rights over the property (1acre)
Asked 5 years ago
In case no close relative of seller, C has inheritance right. But C cannot file FIR file agasint you, if you have purchased the property through registered sale deed.
If it was self acquired property of seller then his brother or their children have no share in property
If the property is self acquired then he can't file. Even the limitation is 12 years at the max after knowledge of the said fact.
No Mr. B cannot claim
It depends what kind of property have you purchased?
If it is self acquired property of A then no problem, if it is Ancestral Property then yes you are in trouble.
1. If it were to be the self acquired property of the seller and if the seller has executed a registered sale deed in your favour, then even if anyone challenges it, it won't hold water.
2. Only if the seller ("A") has sold the Hindu Undivided Family property belonging to father of "A" and "B", then only "B" or his son "C" could claim a share. However it's barred by limitation.
The seller, if was the absolute owner of the property then there is no question of any claim by any legal heir to claim any share in the property that too after 30 years of selling the property.
If at all they have filed any suit you can challenge them properly on merits and documentary evidences in your support
You find out the genuineness of the same from the Revenue officer/Tehsildar and prefer a complaint or an appeal against the aggrieved act done by the surveyor.
The brother of the seller cannot file any suit claiming any share in the property that was sold by the seller who was an absolute owner of the property.
Thus if the vendor was the absolute owner of the property, any claim made by his relatives at this stage over the property rights, is not maintainable, you can challenge the same in court of law.
1. Property suit CANNOT be filed after 30 years, more so specifically since it is time barred. Hence there is no cause of an legal worry for you.
2. The mentioned legal heirs cannot file any suit against you or claim property. However legal heirs can file suit against the seller (or his legal heirs) to claim their share of the sale proceeds.
- If the said property was self acquired property of the seller i.e. he had purchased himself from his own fund, then he was having his right to sell the same to you , and none having right to claim including his wife etc.
- Further , as the seller was having no child , then even if the property was ancestral , then also none having right to claim over the property including his brother etc.
- Further,as you purchased the property from the seller 30 years back , and having possession over the property , then the question of any suit doesn't arise , as the limitation period already expired.
In case of property matter , the limitation is for 12 years, suit is not Maintainable.
A is absolute owner of said property, B or C have no share in said property.
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He could have filed a case against you within 12 years. Now he cannot unless he shows that he didn't know about it.
What is that??
As i told you he can but the limitation period has gone by and he would have to explain why didn't he file a case before.
1. Nobody can prevent the heirs of seller from filing a suit to challenge the sale deed executed in your favour but if your title is free and marketable then you will be able to repel the legal challenge brought by heirs of seller.
2. If seller had no children then his brother and after his demise his son is a heir to seller.
No legal heirs of seller cannot file suit to claim. Share after 30 years of sale.
