I'm an NRI but Indian agriculturist. I bought an agricultural land and registered on my mother's name. It was in 2009. In 2011 my only brother and sister agreed to change the land to my name from my mother and we did same via partition deed thro village accountant. (Revenue department). VA did all paperwork on stamp paper, changed the khata and pahani on my name but didn't register in the registrar. In 2016 one of my lawyer friend saw the flaw in the deed which is not registered, suggested us to change the title to my son via gift deed. We did same, registered the gift deed, changed the title,khata and pahani on his name. Now we are planning to sell the property. My mother passed away a year ago. Is there any issue arises from my brother and sister while I m selling the property.? If it is any how do I correct it? Any suggestions welcome. Thank you
Partition deed has to be stamped and registered to be admissible in evidence
2) your siblings can file suit to set aside partition deed and claim one third share in land
3) also seek court orders to set aside gift deed and seek injunction restraining sale of property your son
4) take the plea that claim is barred by limitation as gift deed executed 6 years back
1. Since the Partition Deed is an unregistered one, even though the Khatha and Pahani are in your son's name, the title of the property if challenged by your siblings or their legal heirs may not stand the legal scrutiny.
2. Khatha and Pahani are secondary documents and having only that in one's name, apart from the unregistered Partition Deed, to prove the title of the property can't stand the legal scrutiny.
3. Similarly the registered Gift Deed executed by you in your son's favour may also be struck down if the Partition Deed is challenged by your siblings or their legal heirs.
4. However, there's a legal solution to make title of the property strong from your perspective, i.e., get the registered Confirmation Deed executed by your siblings and their legal heirs in you and your legal heirs ' favour in the jurisdictional Sub Registrar's Office, which will make you and/or your legal heirs, the undisputed owner/s of the property.
The property was already on your name from last 11 years as per civil law maximum 12 years time frame is there to file a case for any litigation.
Still your siblings can make it litigation towards property.
If your relationship is good with siblings try to make tripartite agreement with the buyer. Means you can include siblings name in the sale deed for transfer of whole rights.
Does Article 65 of Limitation act applies here if another year passed on this ? My siblings may not put to claim the property after 12 years? Thank you
According to Section 65 of the Limitation Act 1963, the statutory period of limitation that is allowed for the possession of immovable property or any interest therein is 12 years (in the case of private property).
2)it is not applicable in present case
1. Article 65 of Limitation Act applies after 12 years from 2011, i.e., 2023 onwards.
2. If you are sure that your siblings are not going to claim the property after a lapse of 12 years, then there's no problem.
In your case after 12 years article 65 of limitations act will not be applicable because your both siblings had agreed to transfer property on your name.
Does your siblings had signed the partition deed at that time or only mother's signature is there ?
Atleast NOC of siblings attached with partition deed.
From the contents of your post it can be understood that you had transferred the property to your son by a registered gift deed, but the problem in this is that you do not have title or interest in the property, hence the transfer made by the donor without any title to the property is legally invalid and null and void.
Besides, when the property was on your mother's name, there was no necessity for your sister and brother to involve in this and execute a partition deed in your favor.
The transfer of revenue records to your name based on the said non maintainable partition deed is also invalid and illegal.
Thus as per law,. the property still lies on your deceased mother's name alone.
In this situation, the next option before you is to execute a cancellation deed cancelling the gift deed executed in favor of your son, if it is within three years period and ask your siblings to execute a registered lease deed in your favor relinquishing their rights in the proeprty.
Once you become an absolute owner of the property you can transfer the same properly as per law to your son or anyone of your choice.
The articile of the limitation act referred by you is not applicable to this situation.
From your contents it is clear that the property was not properly transferred to your name by your mother, hence upon her death this property comes under intestate succession.
Therefore your siblings can claim rights over the property even after 12 years of time or anytime they may feel so.
Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title (i.e. title bases on documents). Hence reference to this article here is irrelevant
Dear Client,
Registration is important to property according to the section 17 of Transfer of property act. if your siblings had signed that document with their free will, then they cannot arise ant issue with this. if you have been paying the property tax for all these years, then your siblings can not claim the property after 12 years.
Land entered in your name in khata and pahani without there being registered partition. Subsequently land was transferred through registered gift deed to son. Such transfer can be challenged by other legal heirs as doner’s title clear. Limitation will start running from the date of execution of gift deed or from the date of knowledge. Had brother given his consent or signed as witness of gift deed, he can not question the gift deed.
Generally they can't raise any issue
