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his property from will by his forefather.Will copy is not there with builder.Case is settled out of court and case is withdrawn,builder has taken X's legal heir consent in one of the deed's.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 9 years ago in Property Law
Religion: Hindu
Thanks Kalaiselvan sir for your reply.
Plantiff and builder did a comprimise and settled with some money. Builder filed a comprise memo saying plantiff is not interested to continue as other plantiffs died and he dont want to press further.
Builder keep saying me that it was a frivoules case nothing to worry as X family do not have rights over the property as they have valid sale deed.
my question is even 1964 sale deed happened when mortage is not cleared at that time. is this sale deed valid as per law when mortgage is prevelent on that property?
1964 sale deed status according my lawyer is inherited,however builder says it came to X via unregistered will. if sale deed says inherited as per law, Can X's son legal heirs claim rights on the property? will law favoures them?
Regards,
jasmin
Asked 9 years ago
Thanks all of your valuable replies.
Hi Kalaiselvan,
Mortagage is registered deed.Its now released but the release deed conveyed back to X thats why X's legal heirs produced this document as evidence.
Yes in 1930 syno 1 is put under registered mortgage by X's father. However during their family partion syn 1 is bifericated to syn1/A and syno 1/B.
Syno 1/A came to X and it was sold to Y. Now mortgage released/reedemded in 2005 reflects that enire syno 1 is released from mortagage.
Builder is confident that no issues will come and they do not have rights. He is ready to give indemnity clause in sale deed for security in future. Will this indeminity clause will really help for me in future ? with adding indeminity clause in agreement shall i go ahead with purchase of property.
Please suggest if anything not in line with law.
Asked 9 years ago