• After purchasing property, the sellers daughter filed complaint

Sir, one year back I purchased a house, the owner who sold her house to me is a second wife of his husband. The actual property was purchased by first wife with her own money before she passed away. She has 1 daughter (married)& 1 son aged 29 & 32. After she (first wife) passed away his husband transferred property to second wife.  In that documents  it is said that, here after this property is completely belongs to you. Myself/my first wife kids no one has rights to ask for this property. But when I purchased property she didn't tell about the 1st wife daughter, but she told about 1st wife son. I have documents where 1st wife son agreed to sell property. But now 1st wife daughter filed a case, saying that this is illegal transaction. Please guide me how to proceed further. Thanks in advance.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Since the property is purchased by 1st wife after her demise the property would devolve to her legal heirs husband children and to her mother if alive.husband can transfer only his share in the same only to second wife.second wife can't sell entire house to you. You told her son consented is it in a stamp paper. If in a stamp paper it is valid. Did both the son gave consent. But he must sign in the deed too. You will have to give her daughter a share.second wife can enjoy only 1/4of the share in her name as her husband has 1/4share if he transferred whole to her that transaction is invalid. Issue a legal notice for cheating and for illegal transaction and then file a case for getting back the amount with damages.or you settle the same amicable by giving her share amount if you need the house.file a criminal case for cheating and illegal transaction too
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. I wonder who advised you to purchase this property.
2. With the death of 1st wife both her children and husband has inherited the property.
3. So her husband can never transfer the whole share in favour of the 2nd wife.
4. Now since you have made the full payment, ask the seller to get NOC from the children . else you can file criminal case of cheating.
5. However the title in the property remain defective until the daughter and the son relinquish their share in the property.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) the mistake you made was you did not consult a lawyer while purchasing the property . 

2) on death of 1st wife husband had only 1/3rd share in property . the son and daughter of 1st wife had 1/3rd share each .

3) husband and son can only sell their share in property . 

4) daughter of 1st wife retains her  1/3rd share in property . 

5) as on date your title is defective . 

6) ask the husband to obtain consent of his daughter from 1st wife . 

7) you will have to reach settlement with daughter in court case filed by her . 

8) you can file case of cheating under section 420 of IPC against the seller
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hello,
The daughter from the man's first marriage has right in 1/3rd share of her deceased mother.Therefore if she has filed a case you need to deal with it now as you have already purchased the property from someone who did not have the title.

The husband,son and the daughter have equal share in the deceased lady's property .Is this property a landed property/flat/independent house?How did the husband transfer the property in the second wife's name?

The practical solution is to reach a settlement with the daughter from the first marriage as she is rightful owner by 1/3rd of the share.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, when the property was purchased  by the first wife on her own earnings after her death her legal heirs have right over the property i.e. her husband, son and daughter......... so husband can't himself have no right to transfer the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. As a general rule, no one can sell the property and give a good title thereof unless he is the owner thereof. 
 "no one gives what he doesn't have" Nemo dat quod non habet",it is a legal rule.

B. In your case, after the demise of 1st Wife, husband and children will have 1/3 share over the property.,

C. 1st Wife's husband is entitled to transfer 1/3 share to the second wife. Hence, 2nd wife is eligible to transfer 1/3 share to you.

D. Therefore, you send a legal notice to her to pay the consideration amount and lodge cheating case against her.

F. And also, you can settle the matter by speaking with 2nd wife and 1st wife's children by sharing consideration amount to them which is received by the 2nd wife.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
1. This is a faulty purchase,

2. The husband of the 1st wife is not the owner of the entire property of his 1st wife. So, he has no right to transfer the title of the said property in the name of his 2nd wife,

3. The daughter of the 1st wife also has right on the said property purchased by you,

4. Settle the matter amicably with her and take NOC from her either directly or thrigh the seller of the property,

5. You can also file a criminal case against the seller of the property for cheating you by selling the property not legally owned by her and hiding about the existance of another heir of the property being the daughter of the 1st wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You can lodge a police complaint against the second wife from whom you purchased and for hiding that there are other heirs. You negotiate by giving them an amount and settle the same.you can p lodge a petition against all for cheating and for occupying the house as they have only 1/4 share. Since second wife and one son gave consent for selling they can occupy only 1/4 t share ask them to vacate rest part
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. You can not put the blame pn the Bank for providing loan to you without verifying the legal heir certificate,

2. It is the job of the purchaser,

3. It is clear that the seller has cheated you,

4. Immediately file a criminal case against the seller of the property for cheating you by selling the property not legally owned by her and hiding about the existance of another heir of the property being the daughter of the 1st wife in addition to the steps suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) it is surprising how the bank sanctioned loan for purchase of said house . 

2) your title is defective and no loan should have been sanctioned for purchase of said  house 

3)you can file case against seller for cheating as she has deliberately suppressed facts of 1st wife daughter being alive and having share in said house . 

4) you cannot  file suit for eviction against daughter and son of the seller as they are 1/3rd owners of said house . 

5) your best option is to file consent terms in suit filed by daughter wherein you agree to pay them consideration for sale of their 1/3rd share in house .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Don't waste time immediately start the proceedings as advised above
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
A. Sometime, the Bank will sanction the loan blindly without scrutiny of title flow of the property.

B. Kindly compliance of the earlier suggestion and follow the instructions of the all colleagues.

C. The Seller must resolve the issue due to illegal sale transaction by suppressing material facts in connection with the sale. Hence,  lodge the cheating case against the seller. 

D. And also, you can settle the matter by speaking with 2nd wife and 1st wife's children by sharing consideration amount to them which is received by the 2nd wife.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
Daughter(first's wife)filed case against whom which has not been disclosed . So, as a matter of fact, case was filed challenging the sale transaction which is illegal as alleged by first's wife daughter only to the extent of her share in the ancestral property. Anyhow, case has been filed and therefore it is advised that settle the matter with the plaintiff giving her share in terms of money and for that you can sue the seller, if she does not reimburse the amount incurred in settling the issue. Thereby you can own the property absolutely.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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