Hi All, My father purchased house along with land in March 2015 from seller who received this property as ancestral property. Seller’s father has two wife’s & his father died in March1987 without will. Seller’s step mother do not have any child so to have seller’s name incorporate on all ancestral property, they (seller’s mother, step mother, sister & grandmother) putted a request to local Tehsil office in March 1987 itself & agreed to have his name incorporated on all property which on record at Tehsil office. Then his name was incorporated on all property which includes 2 houses & 5 acres land. Our deal is registered at sub-register office & only Sale Agreement has done. A sale deed is pending & we have ask seller to proceed with deed. He refuse to do that & sent us notice through lawyer that his step mother has share in this property which showed his intension to cheat us. We are NOT aware if step mother has executed relinquishment deed in favors of seller but there is only proof we have a request made by his step mother in 1987. The notice we received mentioned that second marriage of seller’s father & request made at local Tehsil office both are illegal & looking for partition on all property including our deal as well. My questions are 1) Can step mother claim in this property now? 2) Can partition will be permitted EXCLUDING our deal ? 3) What should be our points to tackle the questions raised by sellers step mother? 4) Can they challenge the validation of documents & seller’s name registration of overall property after 25 years? 5) Are we safe in this deal?
1) step mother can claim share in property as she has not executed any relinquishment or gift deed
2) mere mutation of property in name of seller is no proof of title . It is only for payment of property taxes
3) check whether relinquishment or gift deed executed by step mother on demise of her husband
4) cancel the deal and take refund of amount paid till date
5) step mother can file suit for partition to claim her share in property
If there are co-owners to a property then a mere request to the tehsildar to mutate the property in the name of one of the co-owners does not make the latter the absolute owner of the property. Absolute ownership will transfer only if all other co-owners execute a relinquishment deed in favour of one co-owner. This being the law, the mother, step mother, sister and grandmother have a 1/5th share each in the property. Do not purchase the property unless all other co-owners execute a relinquishment deed in favour of this man or sign the sale deed, failing which your title will be defective.
1. Mere inclusion of name of seller does not make his absolute owner of the property. In other words in the said property there is share in favour of his step mother, his other siblings.
2. However you are silent whether the father of the seller married second time after death/divorce of his first wife. If not then his step mother has no share in the property.
3. Partition can be allowed only is his stepmother was legally wedded wife of his father.
4. Moreover she can set aside the deed even now by filing appropriate legal proceeding.
So better make settlement with her.
Hello,
1) If the property is indeed ancestral property the step mother can still claim her share in this property if she has not relinquished her rights in it by a Registered Deed.
2) Partition can not be permitted excluding the property you have dealings in as it will fall in the subject matter of partition and is part of the ancestral property.
3) The question raised by the Seller's step mother must be tackled by the seller and he is liable for the deal that he got into with you. Your defence is that you have been bona fide purchasers and believed that the seller had clear title.
4) The documents and thee registration can be challenged any time and the delay will be condoned by the court if it is convinced of the reason for the delay.
5) You are far from safe in the Deal as you failed to exercise due caution in getting a title search and due verification of documents before entering into the deal. However what you can do best is that you can seek to be compensated by the seller for all the damages you incurred in the deal.
Hi, as per law second wife has right to claim share in the property after the demise of the husband.
2. It is better you cancel the agreement and ask for refund of the amount if you go for registering the sale deed then you are in trouble.
My questions are
1) Can step mother claim in this property now?
As per law a second marriage during the subsistence of existing marriage is null and void hence the wife will not be able to command the status of wife when the wife of previous marriage of her husband is active and subsisting. Therefore the step mother or the so called second wife is not having any rights or share in her husband's property even if he died intestate.
2) Can partition will be permitted EXCLUDING our deal ?
If she cannot claim a share at all then where is the question of partition of any property including the property under deal with you.
3) What should be our points to tackle the questions raised by sellers step mother?
Seller's step mother cannot raise any question with you. It is a matter between yo and the vendor, so let him deal with her about it separately.
4) Can they challenge the validation of documents & seller’s name registration of overall property after 25 years?
There is no question of validation of document. Mere transfer of revenue records will not confer title to the vendor. He should have a registered marketable title deed on his name if he intends to sell or dispose the property in any manner. If things have not been properly as per law, then there are possibilities for litigation in future on the entire properties.
5) Are we safe in this deal?
It is better to cancel the sale agreement and get your money refunded because it appears that the step mother may create problem even after you get the property registered on your name.
