• Land dispute

We (Owner) have a property (land) in my native, the buyer have paid 35% of the amount & had made a registered agreement for three months saying that he will clear the amount and get it registered. Till date he hasn't registered and it's almost 3 years over. The above said property is about to acquire by the Government in a year, if it gets acquired will the agreement gets auto cancelled as the due date for him to register is over or what may be the possibile consequences?

My mother in law (father's sister) (63 years) have a filled a case on the above-mentioned property after 15 days of the sale agreement saying she need a partition out of it; but the property was under my father's name, after his demise we have got it changed to mother's name & now it's registered in my mother's name; so what will be the possible consequences of outcome of this?

If my mother in law needs a partition and continues the partition suite case, what will be the outcome results of it?
Asked 9 days ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

Cancel the agreement as buyer has failed to make balance payment within period stipulated in contract 

 

if there is forfeiture clause forfeit advance money received by you 

 

3) if it was self acquired property of your father your aunt has no share in property 

 

4) suit for partition would be dismissed 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Firstly you can send notice to buyer as the agreement is void now has time frame to complete agreement is over .

 

Secondly, id your father has inherited Property from ancestral then need to give share to his sister as well as per the Indian succession Act

 

Third check the ceiling act of your state where land will be acquiring by government. Especially check the GR.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

The registered sale agreement becomes invalid after completion of 3 years of its execution. 

Before that you may issue a legal notice to the buyer about your readiness to execute the registered sale deed and give him a date or a ask him to fix a date of his convenience within a stipulated time frame to registration of property failing which the agreement stands cancelled and the advance amount stands forfeited. 

By taking the suggested steps you can defend your interests. 

If the government is acquiring the property at a later stage,  nobody can do anything about it. 

The outcome of the pending case cannot be opined without knowing the case details.

Without she having proved her rights at the initial stage the court would not have even taken this case on its file. 

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

You need to pay her share to her if court orders or she can move for cancellation of the said deed. 

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

Hi,  as per Supreme Court Ruling, daughters are entitled to claim their share in the ancestral property of father.  As the matter is subjudice agreement holder can't register the same during the pendency of the litigation. 

Pradeep Bharathipura
Advocate, Bangalore
4788 Answers
248 Consultations

4.5 on 5.0

Hi,  as per Supreme Court Ruling, daughters are entitled to claim their share in the ancestral property of father.  As the matter is subjudice agreement holder can't register the same during the pendency of the litigation. 


Hi, As the property is the self acquired property of your father. His sister has no right to claim share in the property. 


Hi, as the property is the self acquired property of your father. Others have no right to claim share in the property.

Pradeep Bharathipura
Advocate, Bangalore
4788 Answers
248 Consultations

4.5 on 5.0

It is self acquired property of your father 

 

2) it is not ancestral property 

 

3) your aunt has no share in  said property 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

The property if has a registered title deed on your father's name alone, then it becomes his own and absolute property.

Your father need not get the property partitioned with his siblings if it belongs to him alone as per the above information.

 

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

If it's not ancestral it will not get into partition unless the legal heirs have right in the same

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

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