• Can Land Owner's Sister claim

Hi All,

My Father purchased a land along with old house from X person in March 2015. We have done all necessary procedure along with registration at deputy registrar tehsil office , notary & informing to 'Gram Panchayat' as well. 
His Sister & Step Mother claiming that she has right in this property but when we buy this property, ONLY land owner’s name was there on 7/12 (Saat Bara) so we deal with him only. This deal done in cash only & we have written on 100 rupees stamp that he has got all the money along with two witness’s signature. 
The land owner is claiming now (In January 2016)  that we purchased land without his permission & signature on 100 rupees stamp are false & his sister, step mother have right's in property. He is now threatening my father that he is going to court for this matter. 

Are we safe in this deal?  Can we get permission from court to build house if he approaches to  court?
Asked 11 months ago in Property Law from Karad, Maharashtra
Religion: Hindu
First of all any purchase on a notarised stamp paper alone is not  valid.  
An unregistered  sale deed is not recognised as valid sale deed as per law. 
Moreover the 7/12 records cannot confer title to the owner of the property.
 Only a registered sale deed or partition deed or a settlement deed or a gift deed etc., on the name of the vendor shall prove his marketable title to the property.
Just verifying the 7/12 records on his name for the said purchase is nothing but an act of ignorance of law. 
Now since you have purchased and having receipt for having paid the consideration amount, you may issue a legal notice to the vendor to execute a registered sale deed in your favor immediately or you will drag him to court for this purpose for which he may be liable for the costs and consequences. 
Therefore first ascertain the ownership of the property and then think about constructing a house in it. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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Registered sale deed is the primary document on the name of the vendor shall prove his marketable title to the property.An unregistered  sale deed is not recognised as valid sale deed as per law.A notorised copy also has no validity .
As per your query ,it is understand at present the title is not transferred.Only the consideration in the property dealing is happened and you got a receipt. 

Solution
Send a legal notice for execution of registration to the  owner of land with help of a lawyer. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1) for sale of property it had to be by sale deed duly stamped and regd 

2) your sale deed was on Rs 100stamp paper and is not registered 

3) you don't have clear and marketable title to the property 

4) you have not mentioned how property was transferred in name of seller 

5) whether sister and step mother had executed gift deed or relinquishment deed for transfer of property in name of seller or it was self acquired property of seller 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
Hi, the entire transaction is null and void and there is no transfer of property at all.

2. When immovable property has to be transferred  it has to be registered before the Sub-Registrar office in your case there is no registration at all   so you are not a owner of the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
7/12 document is not an instrument of title. Anyone can have his name incorporated in the 7/12 certificate but this does not create a title in his favour. Be that as it may, if others are now claiming that they are the owners or co-owners of the property then they are at liberty to file a lawsuit for cancellation of sale deed in the court, which your father can contest on merits. Unless there is an injunction issued by the court you can construct the house on the land.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1) if sister and step mother have executed relinquishment deed in favour of seller then they have no share in property 

2) ask seller to execute sale deed in your favour 

3) if seller refuses file suit for specific performance 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
If the seller receive it by relinquishment deed then the person who execute the said deed had lost their right over the property. If  a sale deed executed in favour of you by seller then only you can get absolute ownership in  that property. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
First you take possession over the property. You are bonafide purchaser so burden of proof sifted on the seller to prove that transaction was malafide. 
 
your document is legally valid and you have right to prove your title in the property. 
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Who executed the relinquishment deed in favor of the vendor?
Whether the relinquishment deed was a registered document?
Whether you were handed over with the original relinquishment registered document at the time executing a registered sale deed in your favor by the vendor?
If the vendor has executed a registered sale deed in your favor, you may not be worried about the claims made by his sister or step mother, let them file a suit claiming partition or anything, you may sail with the vendor,and should strictly instruct him to protect your buying interests in the property or else a criminal complaint for cheating will be lodge against him with the concern police, this will instill fear in him and may cooperate with you for the property dispute litigation.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Anybody can file a case to seek a declaration of his title but he has to prove his title. If the relinquishment deed has been executed by the relatives of the seller with their free consent then they cannot now go back to challenge the deed,
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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