Your wife property cannot be attached
2) you are liable to extent of your inheritance
3) there is no criminal liability
4) record threats and complain
against local police inspector to commissioner of police
5) amicable settlement is best option
PoA sold government land & extent of legal heir responsibility
My father bought L shaped property 6000sqft in 2007 through proper registration document with his PF settlement. He sold it as 4 plots 1500sqft each via POA registered on my mother at various time intervals - 2010,2014,2016,JUN2021(last portion settle/gifted in my moms name in JUN2021 but later sold to my wife in 2022) .the proceeds of all sale were used by my father for his expenses, we did not benefit from it as we were self sufficient. My Hindu father passed away in Dec 2021. Apparently the corner piece sold in 2016 is partially government land as per revenue records, we got to know recently when Surveyor came for measuring. The purchaser of land parcel sold in 2016 has now filed a case on all legal heirs (me, brother) and mother(POA) in Nov2023 to return the money with interest. My father did not have any other property at time of death. We tried to trace the old owner who sold property to us but he too is dead. 1) Are me Or my mom liable to pay his claim as legal heir or POA. Me and my brother are being asked to sell our house or borrow and settle the matter. 2) Can my wife's property be attached? 3) What is our criminal liabilty if there is any? 4) How best to tackle this situation as we have been receiving call from local police station who have lodged FIR or are threatening to jail us. 5) Should we register the land back in our name to avoid issues by paying some amount?
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
1. If the properties were sold by your father and had obtained the sale consideration amount himself, then his legal heirs are not obliged to return that amount to the buyer.
It becomes the duty and burden of the buyer to produce documentary evidence to prove that the legal heirs of the deceased seller are bound to settle the amount or whatever it is.
You can issue a reply notice denying his allegations and inform him that you are not bound by any such obligation since you have not availed any benefit out of the sale of property hence he may look for the solution from the dead person and not from from the irrelevant people even though they are related to him.
2. He has no rights over your wife's property, it was purchased by her by a registered sale deed, hence there is no danger to that.
3. No criminal liability on you.
4. You may obtain anticipatory bail if they have registered FIR, it is a civil matter the police cannot interfere, moreover this property was sold by the owner who is no more alive hence the complaint against his legal heirs is not maintainable, you may go for quash of FIR after that.
5. Do not do that mistake. You are no where liable to pay them any money, hence you may refuse to pay any amount.
Dear Client,
In this case, you and your brother might be held accountable for the 2016 land sale as legal heirs. In her capacity as a power of attorney, your mother might also be responsible for certain transactions. Separate property owned by your wife shouldn't be automatically attached. Although the case is mainly a civil matter, you should speak with an attorney to learn about any possible criminal aspects. Under the advice of your lawyer, respond to threats and legal actions; if at all possible, think about re-registering the land as a legal option, but make sure that it is done so lawfully and with consent from all parties.
As both the original owner and your father are not alive as on date, it is advisable to settle the issue amicably by buying back the property from the present owner/s. As legal heirs, you are legally duty bound to keep the present owners indemnified and harmless in terms of the sale deed executed by your late father. Offer them your terms for a settlement against their withdrawing all claims against you, civil and criminal. Engage a competent lawyer for negotiations and drafting up the terms of the agreement for an out-of-court settlement. Once done (after transferring the disputed property back in your name/s), you have to sort out the issue with the government as well.
1. Since, this property was purchased by him , then he was having his right to sell it to anyone without taking your consent
- Further, as that property was sold by him and you have not purchased any other property with the sale consideration of that amount , then you are not under obligation to refund the same to the buyer on any ground including your mother.
2. No if she has sale deed in her favour
3. No criminal case is made out as the person who sold the property already died , and even if your father has cheated him then for his offence his family members will not responsible.
4. You can file a complaint against that calling person for the offence of extortion and threatening before the police and higher official.
5. You can settle the matter , however you are not responsible
If the person has taken stare of the same then she has to also pay for liability
