• 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 days ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

If they had knowledge of that deed they can’t challenge now as it will be time bared

Prashant Nayak
Advocate, Mumbai
33017 Answers
214 Consultations

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

 

Ajay Sethi
Advocate, Mumbai
97716 Answers
7915 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
87918 Answers
2368 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
4523 Answers
42 Consultations

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)

  1. The 2008 Partition Deed is Legally Invalid

    • Under Section 17 of the Indian Registration Act, 1908, a partition deed must be compulsorily registered if it involves immovable property.
    • Since the partition deed was only executed before a Village Accountant and not registered, it does not have legal sanctity under Karnataka law.

  2. Mutation Records Do Not Prove Legal Ownership


    • Mutation and RTC/Phani records are only for revenue purposes. They do not confer ownership rights in the absence of a legally valid document.
    • The siblings of Mr.1 (Mr.2, Mr.3… Ms.10) can challenge the mutation entry and claim co-ownership rights.

  3. Risk of a Civil Suit for Partition & Cancellation of Sale Deeds

    • Since Mr.1’s siblings never executed a proper registered relinquishment or partition deed, they still hold a valid legal claim to the land.

    • Mr.Y and Mr.Z’s ownership is also questionable, because Mr.1 did not have an absolute title when he sold the land in 2022.
    • Mr.2, Mr.3… Ms.10 can file a partition suit against all subsequent buyers (including you if you purchase the land).

Does the Limitation Act Protect You?

You have mentioned Article 65 of the Limitation Act, 1963, which states:

  • If a person adversely possesses a property for 12 years, they can claim ownership.

  • However, this applies only if possession is hostile, open, and exclusive, which does not seem to be the case here.

🔴 In Your Case:

  • Since the siblings were co-owners of the land, the limitation period for filing a partition suit is counted from the date they become aware of adverse possession.
  • If they argue that they were unaware of Mr.1's exclusive ownership until the sale in 2022 or 2023, the limitation period may restart from that date!

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

  1. Get a Title Verification from an Expert Advocate

    • Conduct a detailed title search for the last 50 years through the Sub-Registrar Office and Revenue Department.
    • Obtain certified copies of all past sale deeds, mutation records, and RTC extracts.

  2. Get a No-Objection Certificate (NOC) from Mr.1’s Siblings

    • Ensure all 9 siblings execute a registered release deed confirming they have no claim.
    • Without this, your purchase remains legally risky.

  3. File a Public Notice in Newspapers

    • Publish a public notice in local newspapers inviting objections before finalizing the purchase.
    • If any sibling objects, do not proceed with the purchase.

  4. Obtain a Legal Indemnity Bond from Mr. Z

    • Make Mr. Z sign an indemnity bond ensuring that if any legal dispute arises, he will compensate you for all financial losses.

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 

Sharan Chopra
Advocate, Chandigarh
64 Answers

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.

Shubham Goyal
Advocate, Delhi
667 Answers
3 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14839 Answers
225 Consultations

Hello,
The 2008 partition deed, executed through the village accountant, is not a legally valid partition unless it is registeredas per Section 17 of the Registration Act, 1908. Since the partition was not registered with the sub-registrar, it does not have legal sanctity in the eyes of law, and the title of Mr.1 remains questionable.

Risk of Claim by Siblings (Mr.2 to Ms.10):

  • As the partition deed was unregistered, the other siblings (Mr.2 to Ms.10) technically still have an undivided share in the property.
  • If they were not aware of the partition or did not consent, they can challenge the partition and claim their respective shares in court.
  • Since it involves immovable ancestral property, the court may entertain their claim despite the passage of timeif they prove that their rights were denied fraudulently.

Applicability of Limitation Act (Article 65):


  • Article 65 of the Limitation Act, 1963 applies to adverse possession claims, where a party in possession of property for 12 years or more can claim ownership.
  • However, in your case, since Mr.1 was already a co-owner, his possession is not considered "adverse" to his siblings.

  • For co-owners, limitation starts only when an ouster (explicit denial of rights) is proved, and mere possession by Mr.1 does not automatically extinguish the rights of others.

Key Legal Issues Before Purchase:


  1. Unregistered Partition Deed: Since it is unregistered, the transfer to Mr.1 is not legally binding on other heirs.

  2. Potential Future Litigation: The siblings of Mr.1 can file a suit for partition and claim their share, even now.

  3. Title of Mr. Z is Not Clear: Since Mr.1’s title itself was defective, the subsequent sale transactions from Mr.1 to Mr. Y, and then to Mr. Z, do not grant a legally clear title.

Recommendations Before Purchase:


  1. Obtain a Legal Opinion & Due Diligence: Engage a lawyer to verify land records, title deeds, RTC extracts, and encumbrance certificates.

  2. Obtain NOCs or Registered Release Deed: If Mr.2 to Ms.10 are alive, obtain a Registered Release Deed from them renouncing their claims.

  3. Get a Declaration Suit from Court: Ask Mr.Z to obtain a declaratory decree from a civil court confirming that the title is clear before you proceed with the purchase.

  4. Avoid the Purchase Unless Title is Clear: Given the risk of litigation, it is not advisable to proceed with the purchase unless legal safeguards are in place.

If you need assistance in drafting a release deed, conducting due diligence, or obtaining a declaration suit, I can guide you further.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

 

 

Aman Verma
Advocate, Delhi
318 Answers

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