Partition deed done without consent of daughter dated in 2002
I am planning to buy a residential plot from a reputed builder in Bangalore, in a Gated community. After paying the advance i have the set of documents related to the property. Land upon which layout is built up is an inherited property and that person lets say X has made an agreement with the Builder. Current landlord X inherited the land from his father Y along with his sister in 2006, and partition deed looks to be fine.
But the real problem is with the partition deed which was made in 2002 by his father Y. Person Y had 2 sisters lets say A & B and none of their name is mentioned in the partition deed which was made in 2002. I contacted the builder's legal advocate they are saying when the partition was done in 2002 both the sister's A & B were dead hence they were not made part of the partition deed, however they don't have death certificates, So following are my questions:
1. Lets say somehow i get the death certificates of both the daughters and they were dead before 2002, then does it make their children have no rights in their Grandfathers property (considering none of their names mentioned in the partition deed)
2. Lets say they were indeed dead before 2002 but no official document exist, then what should i do? Getting the consent of their children is highly unlikely
(FYI, Inherited land comes under Hindhu partition law)
Thanks,
Karthik
Asked 8 years ago in Property Law
Religion: Hindu
Thanks all for your opinions, just to give more clarification what builder's claim is, they say both father and his 2 daughters were dead before 2002 when partition deed was made, that leaves me to following 2 questions:
1. If builder able to provide me the death certificates of both the sisters then does it alone sufficient? As the partition deed was made before 2005 does it make their children have no rights in the Grandfather's property?
2. If lets say there are no official document exists to prove their deaths and lets assume builder indeed provide me the indemnity bond also i get the affidavit from the current landlord confirming the deaths of A & B. So in that case lets consider the worst case, i start the construction 3 years down the line and one of the children of A or B sends a legal notice claiming his rights from his mother's share. In that case do indemnity bond and affidavit mentioned above give me immunity? and i face no problem with my construction plan at that time?
Thanks,
Karthik
Asked 8 years ago
Giving more clarification on the property, I am not well aware of the difference between self-acquired and ancestral property, but following are the details in my case:
1. Currently i am dealing with person X, who belongs to 4th generation. he made a partition with his sister on 2006
2. Second and also the oldest partition available on that land is dated in 2002, it is made by person Y who belongs to 3rd generation, also there is a mention in the partition deed that the land is "pithrarjitha". Before that looks like there were no official documents and land was passed on from first generation to second generation and to the 3rd, possibly through oral consent.
Asked 8 years ago
Thanks all for your opinions, I indeed consulted a local lawyer and he is of same opinion as some of the above points. but I just wanted to be double sure as all these matters are very complicated. But there is a further update, now builder has realized that i had caught him, so now he agreed that there is indeed a problem with the partition done back in 2002. Even though nothing is finalized yet builder is saying the he will give me different site in an adjacent survey number in the same project (Project is huge and it has built upon 25+ acres and has multiple survey numbers).
So my new problem loop backs to same partition in 2002, actually this person Y had a cousin let say Z. Fathers of Y and Z were brothers and were dead before 2002. So Y and Z made a equal partition in 2002 between them. Person Z had 3 sisters but he had given equal shares to them in a further partition deed in 2006, however person Y didn't give any share to his sisters as of now from the property he got from partition in 2002. Person Z is still alive and he has made agreement with builder along with X (Son of Y, Y is dead now). So currently builder is saying that he will give a site in the land which originally belonged to Z. I consulted my lawyer he is saying that i can go ahead with that site as all the partition done properly in that leg of the family. Also further project looks to be genuine they have the BDA approval, also Khata issued by the BDA (E Khata), also they have done roads, drainage, water connection to all sites.
So my question is whether i can go ahead if the site given in the survey number which belonged to Z in the same project?
Kalaiselvan,
Following is the answers to your questions:
>>You have not stated that whether the dead sister were married at the time of their death
Yes, both of them were married, most likely they have children, i don't have their family details
>>Both above questions are based on your presumptions or baseless apprehensions.
I have the family tree given by Village accountant from the current generation X to 4 generations back, thats how we came to know that 2 names were missing in the partition deed.
>>On partition
Fathers of Y and Z were brothers, they were part of join family, both died intestate and there were no partition in their lifetime on the current survey number.
Asked 8 years ago