Buying own house sold by father to other due to external pressure
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 2 years ago in Property Law from Khagaria, Bihar
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.
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.
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
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.
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.
Thank you for your valuable feedback due to which we didn't buy the house from deceased's brother that time. Now, deceased's brother is in jail for past 6 months as he did some fight with deceased's wife and she complained in thana and put him in jail.
Meanwhile, deceased's wife has sold 2 more properties which were in husband's name to other people. However, for our property, we have got a new scenario in this case. The deceased's said wife has approached us for selling the mentioned property in this case.
We are ready to buy the property from her so, we planned to go a jarmiyana(agreement) route where first agreement would be made and we would pay back her some advance money and she will let us move into the house and give the keys and all. Later, after some time we would pay back full amount and get the registry done or our name.
However, we have got an unfortunate situation here. Actually, 3-4 months back the mentioned property along with all other neighbor's properties in that area have been declared as "Gair Majuruwa" by the Bihar government officials and they have stopped the registry or mutation of this property for the time being. On inquiry, into the office, the officials told us that the registry or mutation will open after some time.
So, now said wife of deceased is saying us to do the agreement with some advance money first and when registry process will open for then she would do the registry in our name. After agreement and taking the advance money, she will let us move into the house and stay.
We are again in dilemma here because of this new situation and want to ask your's opinion and guidance on below points:
1. Should we go for an agreement with this lady and move into the house and wait for the registry to open and then do the same in our name?
2. Since now deceased's brother is out of this scenario is it mandatory to make him a party or by any chance he will be the heir for half of that said property.
3. Since now the government has put registry/mutation on hold and they have declared the land as "Gair majuruwa", can we claim our old ownership by any means? Because the mutation of land was not done by deceased.
4. By any means can we nullify the sale deed made by deceased as he pressurized my father to sell off the property. We had been living on this property for 100 years and the sale deed was made with deceased in the year 2003.
5. We went through the sale-deed and found a line where it is mentioned that if by any means deceased doesn't get the dakhal on the property then we should pay him valuation money back with the interest for this period.
6. When we need to make deceased's illegitimate child a party in this transaction. As of now, the deceased said wife is saying to do an agreement with her only and at the time of registry, she and her son both will sign on the sale deed.
I would appreciate the response for guiding me in this scenario. Thank you in advance.
Asked 4 months ago
1) there is no guarantee that registration will open in few months
2) you cannot claim ownership rights on the house
3)mutation does not confer title to property . it is only for purpose of payment of property taxes
4) sale deed cannot be nullified now after period of 15 years
5) signature of both the lady and son is necessary on the agreement to be signed by you
1. Without confirming her marketable title to the property it is not advisable to enter into any sale agreement.
2. Without ascertaining who all are the legal heirs to succeed to this property, it is not advisable to make any hasty decision on this.
3. Since there is a restriction by an order by the government in this regard, you may not enter into any transaction until the cloud is cleared.
4. Without seeing the relevant papers in this connection it would improper to render any opinion.
The property is not having any clear title with anyone especially it can be understood from your versions that ther is no proper document or details about this property, hence if you want to get into trouble after buying this property you may decide accordingly