Sale of ancestral land and reclaim by the heirs after 07 yrs
I purchased a property which was an ancestral property (purchased by my grand father in 1945, died intestate in 1977), and partitioned between my father and uncle-1 and uncle-2 in 2002 (release deed was executed in writing on 24.12.2002, by my father and uncle-1 to uncle2 and duly stamped registered).
In the same year uncle-1 sells his share to uncle-2 without the signatures of his heirs (duly stamped and registered).
In 2007 uncle-2 sells it me, executed thro a sale deed, duly stamped and registered for 4 lacs (but without the signatures of his heirs), but with full knowledge of all the heirs as we are all brothers (my father and my uncles).
Now in 2014, the son of uncle-2 (plaintiff) has filed a case in the court, where he has stated that his father is a wayward and morally illegal fellow and that he has cheated him and has sold it without his knowledge and he wants to reclaim it.
My uncle-2 and his son have now conspired to reclaim the land with malicious intent by fraudulent means.
What is the merit of the case. I purchased it through a sale deed in 2007 and in 2014 my cousin brother who is a wayward person not working and earning any money and is still supported by his father (who sold it to me), now aged 36, has filed a case.
I want to know if the claim of my cousin brother is legally valid, as he staking claim after 07 yrs of sale of the property and the ancestral property was partitioned amongst my father and uncles and then sold to me.
Kindly advise me as to how to legally argue my right and prove that the father and the son have conspired to reclaim it.
My cousin brother (son of uncle-2) has stated that his father is a wayward and morally illegal person and that he has cheated him by selling the ancestral land to me. But my cousin brother is not an earning fellow, he & his wife are supported by his father (so called wayward) and that he conducted the marriage of his second daughter with in 02 months of sale of land to me, the real reason for which it was sold to me.
I can prove in the court that my uncle-2 had no other source of income to perform the marriage except from the money obtained thro sale of land to me.
Also he has no proof of running a business, no I.T assessment, no Tax payment, no audit statement, so how would he be able to get his daughter marrier. If he claims that he borrowed, then he may have to substantiate his claim.
If he states that his son (plaintiff) helped him, I can proove that he never earned any money thro employment of business.
In my affidavit may state all these, that the money was used for performing the marriage.
My uncle-2 sold another self acquired land in 2012 (co-owned by my father, uncle-1 and uncle-2; transferred to uncle-2 thro a registered release deed) along with the signatures of all his heirs to a third party. How can my uncle-2 be immoral and wayward in Aug 2007, become a moral person Oct 2007 (conducted a grand marriage), and again become immoral, not earning and sale a self acquired property in 2012 and again turning immoral for years as claimed by plaintiff.
Moreover, would it be a valid point to raise, that the plaintiff and his father (uncle-2) are still residing in the same single bedroom house, and why has he not seperated from a wayward and morally illegal father, for fear of abuse and misuse of his wife, if uncle-2 is really wayward and morally illegal person as claimed by the plaintiff. Hence, may i make a point that this is a planned conspiracy hatched by all the members of uncle-2 family.
I have rewritten my plea, kindly reply.
Asked in Property Law from Erode, Tamil Nadu
Sir, I have raised some more pertinent questions in connection to my case.
Asked 3 years ago
I find no reason for your anxiety since you are in possession of the said land and have got the same by following legal and correct formalities for buying the land through duly stamped & registered documents and it is upto your cousin to prove otherwise.
your cousin has no case . you are bonafide purchaser of the property . detailed reasoning has been mentioned in reply to earlier query
Already answered that you are the bonafied owner of the said properties purchased by you and your uncle's son has no merit in the case filed by him.
Kindly check my previous answer.
I have dealt with this query in detail in my previous reply thereto. Your cousin's case is without any legal force attached thereto as you are the sole owner of the property in question once you had purchased it from your second uncle who in turn purchased it from your first uncle.