• Ancestral or self-acquired property

X sold his property to  Y in 1964 via registered sale deed
Y have not taken possesion and not  transfered  khata on his name.Y died in 2005.

X in 2011,partitionined joint family properties with his brother,in the  partion deed property which is sold to Y is also written as share to one of his son along with other properties.

Y's legal heirs transfered khatha on their names by RRT proceedings by claiming Y death certificate in 2012 and sold to Builder A via registered sale deed.

X died in 2012 by leaving behind 3 legal sons.One of the son to whom 2011 partion deed gives right about the property sold to Y filed case against builder and Y's legal heirs saying 1964 sale deed is void.

Evidence he showed to court:

in 1930,X and his brother mortgaged sold property to Z for 600,so X' legal heir released mortgage in his favour and claimed that even X and Y not acted according to 1964 sale deed,they felt that its like mortage deed,hence y have not taken possession.

He further claimed that X got his property from will by his forefather.Will copy is not there with builder.Case is settled out of court and case is withdrawn,builder has taken X's legal heir consent in one of the deed's.

Question i have is:
1)In future is there any chance of X's legal heirs claiming rights on the property by saying its an ancestral property?
2)Only X's son whom got sold property as per 2011 partion deed given consent,his legal heirs not given consent even though they are majors. is this property comes under ancestral property?

Regards,
Jasmin
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Firstly the partition deed including the property already  sold in the said deed is invalid. However since the plaintiff has withdrawn the suit from the court, you must see that on what grounds he had withdrawn the suit. This had been the practice of few  unscrupulous anti social elements to harass and torture the genuine buyers in many laces including Bangalore. Even if some other legal heir is coming up with a claim in the later stage, you may have to challenge that situation too, we cannot predict what can happen and when.
Better ask the builder to exercise safety precautions properly in this regard.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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1) it  was self acquired property of x and not ancestral property 

2) since x inherited property as per father will it would not be ancestral property 

Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) once sale deed is executed by X duly stamped and registered Y would be absolute owner of property 

2) X could not have executed partition deed in 2011 in respect of said property . What x did was took full advantage of fact that Y had not transferred property in his name till his death nor took possession 

3) builder compromised in order to put an end to ligation process and not because he had a weak case 

4) if as per sale deed property was inherited by X he could sell the property to Y 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Inheritance or acquired through a Will makes no difference if the dispute is about claiming the share in ancestral property.
What about the mortgage redemption subsequent to sale execution?
whether the mortgage was registered or unregistered?
The claim of legal heirs will depend upon how they prove themselves eligible with documentary proof and for such frivolous people, it will not be possible to prove the same is the defendant is vigorously contests and challenges the claim made in the suit.  After one prolonged stage stage the plaintiffs will disappear if they find that this is not going to fetch their desired goal. 
The purpose of filing such false suits is to rattle the issue and to avail the wrongful gains to the extent whatever possible, therefore there is nothing to worry even if they mae any claim in the future, he same can be challenged properly.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
1. Absence of possession does not invalidate the sale made in favour of Y by X. If the property sold to Y was under mortgage at the time of the sale the only person who could have laid a challenge to the sale is the mortgagee and none else as an interest was created in his favour alone. 

2. If X got the property through inheritance he was well within his right to sell it to anyone he desired. The property cannot be termed as ancestral.

3. After the sale to Y he became the owner of the property, which after his demise has been inherited by his heirs. 

4. X's legal heirs have no right to claim the property.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1) you should contact a local lawyer 

2) obtain certificate that title is clear and marketable 

3) indemnity clause will protect your interest in the event any claim is received in respect of property 

4) since it is not ancestral property consent of x son legal heirs not required 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Indemnity clause incorporated in sale agreement will alone not hold guarantee the same should be endorsed in the registered sale deed document too.  
Whenever the mortgage is redeemed, the redemption will be done in favor of the mortgagor only and not on the present owner because until and unless the mortgagee has not been informed about the sale transactions orany such assignment  the fact of mortgage on the property will continue to remain till its redemption, but since the same has been released in their favor in the year 2005, they cannot claim the ownership or title because the previous sale transaction is valid and legal and binding on the vendor and subsequently on his heirs. 
The builder can furnish indemnity against the future losses if any.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
I reiterate the the sale of the mortgaged property can be challenged only by the mortgagee. If the mortgage was cleared after the sale or the demise of X this does not entitle the legal heirs of X to challenge the sale. Indemnity clause should be sufficient to allay the fears of the purchaser as it can be enforced against the builder.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
1. When the property has been settled by the successors of X in writing, then it no longer stays as an ancestral property. So, X's legal heirs an not claim any right on this sold and settled property any more,

2. During the life time of X's son, his wife, sons and daughters can not claim any share on his property. So, their signature/consent is not required for dealing with that part of the property which is claimed by X.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. Get the settlement deed registered to make it legally enforceable,

2. The legal heirs of the son of X can not claim right on the property since the son of X has settled it in favour of the builder.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Indemnity bond registered by the builder will assure your getting back the money you are paying to buy the property,

2. The property seems to be O.K. to be purchased, if the other aspects in connection with the property are also O.K.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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