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 8 years ago in Property Law
Religion: Hindu
Dear All,
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 6 years ago
