If they had knowledge of that deed they can’t challenge now as it will be time bared
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.
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.
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.
Your interest in purchasing agricultural land is commendable, but there are serious legal risks involved in this transaction. If you do not conduct a thorough title verification and take legal precautions, you could face years of litigation and financial loss. Below is a professional legal assessment of your case, based on Indian property law, Karnataka land laws, and the Limitation Act, 1963.
Key Legal Issue: Unregistered Partition Deed (2008)
The 2008 Partition Deed is Legally Invalid
Mutation Records Do Not Prove Legal Ownership
Risk of a Civil Suit for Partition & Cancellation of Sale Deeds
Does the Limitation Act Protect You?
You have mentioned Article 65 of the Limitation Act, 1963, which states:
🔴 In Your Case:
Thus, Article 65 does not guarantee protection, and the siblings can still challenge the sale in court.
Potential Risks If You Purchase This Land
✅ Risk of Litigation: The siblings may file a partition suit demanding their rightful share, leading to a long legal battle of 5-10 years.
✅ Possible Cancellation of Sale Deed: If a court declares that Mr.1 did not have absolute ownership, the sale from Mr.1 to Mr.Y, Mr.Y to Mr.Z, and from Mr.Z to you can all be canceled.
✅ Financial Loss: If a court cancels the sale, you will lose your money and might face eviction from the land.
✅ Encumbrance Risk: The siblings may obtain an injunction preventing any further sale or development on the land, blocking your investment.
Legal Steps You Must Take Before Buying This Land
Get a Title Verification from an Expert Advocate
Get a No-Objection Certificate (NOC) from Mr.1’s Siblings
File a Public Notice in Newspapers
Obtain a Legal Indemnity Bond from Mr. Z
Final Legal Advice: Proceed with Caution!
🚨 DO NOT finalize the purchase until:
✔ The title is legally verified.
✔ All legal heirs sign a registered relinquishment deed.
✔ A legal notice is issued inviting objections.
✔ An experienced property lawyer drafts all documents.
If you skip any of these steps, you may end up in endless litigation, financial loss, and land ownership disputes.
📞 Let’s discuss your case in detail. Contact me immediately before making any payment. I can:
✅ Draft a strong indemnity bond & legal notice
✅ Ensure you do not buy disputed property
Do not take this risk lightly. A single mistake can cost you your land and investment!
Contact NO - Nine Five Nine Two Five Zero Zero Zero Six Eight
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.