• Buying own house sold by father to other due to external pressure

Hi,

I want an advice on the following scenario of buying my own house which was sold by my father and uncle due to pressure by another third party.

We had our own house at premium place in my village and my youngest uncle had taken some money from a person who was not a good person. When my uncle was not able to pay back the lending amount the lender forcibly registered half of the house by him in year 2001-2002. After that my uncle left the village and settled at different place out of state. 

After claiming the half of the property that lender guy started coming to our house to stay and created a lot of problems. After some time he offered us to buy the other half taken by him. But since my father was alone and another uncle didn't support him, he couldn't buy the house and instead had to sell the other half also. The reason being the second uncle who wanted to sell his share and leave the place. Ultimately my father also had to sell his share in house and that lender got the whole house. Resulting we started living in a rented house. We are still living in a rented house but around 7-8 months back in 2015 that lender died due to health issues and his brother offered us to buy back our own house.

Although he has asked a hefty amount for the house as per the current price we are ready to buy that by taking a loan but we have got a concern here.

The lender who died hadn't married but had kept a lady with him in his house and they have had a son above 18 years old. In their neighbourhood and society lady is known as his wife and guy is know as their son. Since they were not married the deceased's brother is not recognising them as his heirs. Since he is also not so good person no body in society can go against him.

Now, this brother who offered us to buy back the house saying that he won't give any share in any property to them(deceased's son and wife) as they are no body to them. When we feared of buying house from the deceased's brother, he told that before dying his brother already made an agreement writing all his share in property to him. But he has not shown that paper to us till now.

So, now we are not getting the clear picture whether we should buy the house from him or not? In the current situation he clearly told that he will not let his brother's illegitimate child or wife to sign the registry of the house. We want to buy the house piece fully ideally signed by deceased's brother and son/wife both. 

Could anybody please advice me on this case. As of now the mutation receipt is on our grand father's name only as it was not transferred to lender's name.

Thank you in advance.
Asked 1 year ago in Property Law from Khagaria, Bihar
Religion: Hindu
When we determining the question of legal heirs of the deceased person, the lady and son will come in front of us. Whether they are the wife and illegitimate or legitimate son of deceased?

The view or position of Indian courts before Revanasiddappa & Anr. vs Mallikarjun & Ors. Judgement  is that the illegitimate child has right over the fathers self-acquired property. But after the above judgment it is a dilemma. 

An agreement between the deceased person and living person is not sustainable in the eye of law. 

If the child and lady approach the court for establishing their right over the property of deceased person may change the picture. Now in this juncture it has risk factors for buying the land from the brother of the deceased person. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hello,
1) As far as right in property is concerned the son born out of the live in relationship of the deceased has an equal share of the deceased has not left behind a Will.

2) The man's mere claim that by an agreement his brother have all properties to him cannot be taken on face value. Either there has to be a Will the deceased made or it has to be a registered deed of transfer on his name. Alternately let him obtain a legal heir certificate or better a succession certificate which will once and for all put to rest who are the legal heirs.

3) Do not buy back the house unless the d deceased's brother takes steps to prove he is the only heir. Though the property has great sentimental value for you do not entangle yourself into legal tangles as the major soon of the deceased if not made a party to the transaction or settled with the share can always challenge the sale.
4) Apart from this if all neighbours think the woman to be the legitimate wife of the deceased it becomes easier for her to stake claim in her deceased husband's property.
Therefore unless the person shows clear title to you do not take the risk.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) on the lender death his son would be his legal heir 

2) his wife would have share if she was his legally wedded wife and not merely his live  in partner 

3) brother has no rights on the said house 

4) don't purchase the house unless share is given to the. Wife and son 

5) sale deed must have signature of the wife and son
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
From your contents it appears that the deceased was unmarried but had a son  out of his illegal relationship with a lady. If the son was born of their relationship, then the soe would be sole legal heir to the self acquired property ofthe deceased.As he has not married this lady, she shall not be entitled to any share in the property.  Also since the  proposed vendor i.e., the brother of the deceased is just a class II legal heir, he cannot claim ownership i the property while there exists class I legal heir i.e., the son born out of his illegal relationship.  The son is the class I legal heir of the deceased and not an illegitimate heir.
Further apart from the proposed vendor, the fact of other surviving class II legal heirs is to be taken into account.
Better consult a local lawyer before investing on this property. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Hi sir/madam, you don't buy the said property without verifying the correct legal heirs. If you are ready to face all the difficulties in future, you have to file the civil suit for ejectment (eviction)  against the said person as trespasser. In meanwhile you have to apply for Khatha in your names and to get the entries in your name in the revenue records of the said property. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0