If they had knowledge of that deed they can’t challenge now as it will be time bared
Agriculture land purchase
I am planning to buy a agricultural land of 3 acers in karnataka. The land was owned by Mr. X since 1960. After the death of Mr. X in 2003, his 10 children (Mr.1, Mr.2, Mr.3, Ms.4, Ms.5 ...Ms.10) became joint owners of land (3 sons and 7 daughters). In 2008, above said joint owners (Mr.2, Mr.3 ... Ms10) have relinquish the right over the subject land in the name of another joint owner Mr.1 with a partition deed through village accountant. The transfer of property to Mr.1 is reflected in mutation and revenue records (RTC/Phani). But this change of ownership is not registered in sub register office. In 2022, Mr.1 sold the property to Mr. Y. In 2023 Mr. Y sold the property to Mr.Z. I am planning to buy the property from Mr.Z. Since the partition deed of 2008 was not registered in sub register office, can the siblings of Mr.1 (Mr.2, Mr.3 .. Ms.10) file suit to set aside partition deed and claim one nineth share in land? Since the partition deed was executed in 2008, it's been more than 16 years. Does Article 65 of Limitation act applies here? Need your valuable suggestions. Thank you in advance.
Asked 10 months ago in Property Law
Religion: Hindu
7 Answers
Siblings can file suit claim equal share in land and to set aside partition deed
2) deed of relinquishment /partition is required to be stamped and registered
3) un registered partition deed is not admissible in evidence
4) claim is not barred by limitation
The partition affected by an unregistered partition deed is not legally valid.
The siblings have rights to claim their share through court, however since it is evident from the unregistered partition deed that they are in the knowledge that the was in possession of the property from the date of execution of this unregistered partition deed, their claim for their share in the property at this stage may be barred by limitation under article 65 of limitation act.
The act says that
The time limit for filing a suit for possession of immovable property is 12 years.
The time limit begins when the defendant's possession becomes adverse to the plaintiff.
The plaintiff must file the suit within 12 years of the defendant's possession becoming adverse.
If the plaintiff doesn't file a suit within the 12 years time limit, they lose their right to file a suit.
As partition took place in 2008, Ms. 4, 5, and 10 are not bound by partition. They are protected by 2005 amendment. They have right to challenge the said partition by seeking to condone the delay. There are many excuses for seeking condoning the delay.
Risk in Buying the Land
🚩 Unregistered Partition (2008): Not legally valid, siblings (Mr.2–Ms.10) can challenge it.
🚩 Mutation ≠ Ownership: Revenue records don’t confirm title transfer.
🚩 Limitation Act (Article 65) Not Applicable: Since siblings were co-owners, they can still claim their share.
Advice
✅ High risk – Siblings can file a suit anytime.
✅ Ask Mr. Z to get a registered partition deed/NOC from all siblings.
✅ Get a legal opinion before purchase.
Conclusion: Avoid buying unless title is clear and legally registered.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.
Shubham Goyal.
- As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.
- If you will purchase an agriculture land in Karnataka, then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.
- Futher, to purchase an agricultural property in India, an NRI has to take a prior approval from Reserve Bank of India, But you can acquire this property only by way of inheritance.
- Being an NRI , you are only allowed to purchase residential or commercial property in India.
- If the said Partition Deed was executed amongst the family members then only its registration is not mandatory
- Further, the relinquishment deed must be registered from the office of the Registrar.
