Property purchase legality issue
We purchased a property in Nov 2013, we had checked and obtained all necessary legal documents and also availed a bank loan for the same. Before the purchase,we had given announcement in newspaper also. Since then, we have been paying taxes and also changed the patta name to ours. Previously, the property actually belonged to brothers of one family inherited via their mothers will- which states that the property goes to the male members of the family, and their male sons.
Elder Brother is A (owns 1/3rd of the property)
Younger Brother is B (owns the rest)
A gives a settlement deed of his share to B in 2011 , after which B became the sole owner of the property, and then he sold it to us in 2013. Now in 2016, a woman claiming to be the daughter of A says that her father died in 2008 and never gave settlement deed to B and questions how can A give settlement deed in 2011, as he expired in 2008. Her mother is alive ailing. Also accuses B has forged that registered settlement deed, denies the signature, photograph in the settlement deed that happened between brothers. Now, she has issued legal notice to all the parties concerned demanding money from the seller & buyer for her father’s 1/3rd share, failing which she would press civil and criminal charges.
We are yet to see any documentary proof of any sort from her. But she claims to have her father’s death certificate and property tax receipt which was last paid in 2007.Currently,the seller B is not approachable .Legally, we have done nothing wrong. We are an innocent third party facing these troubles now.
Our queries :
please advise how to safeguard the property & ourselves.
what should be our first line of action??
Does she have claim in the property because the ORIGINAL WILL statement favours male descendants?
How can we confirm that she is the actual daughter of A ?
will we face any civil or criminal charges?
can the registered settlement deed (between A & B) be cancelled/ proven false/revoked?
Will this affect our registered sale deed of the entire property?
Usually, How long does these kind of cases run in court?
Asked 8 months ago in Property Law from vellore, Tamil Nadu
1) in reply to legal notice ask the daughter to furnish inspection of documents namely proof of death of A in 2008
2) mother death certificate
3) father death certificate
4) after inspection issue legal notice to B
5) the claim of daughter is mother is alive and deceased father was absolute owner of property . The Will takes effect only on death of Mother . If father died intestate mother would have only one third share in property and could not have bequeathed entire property to B
6) file complaint of cheating , forgery , fabrication of documents against A
7) contact a local lawyer
You don't have clear and marketable title ti property
2) you are bonafide purchaser and would not be convicted as you were never party to the crisis
2) civil case would take years to be disposed of
4) daughter has ti prove allegations made that mother is alive , father was absolute owner . Settlement deed was forged
1. It seems that the settlement deed may have been forged by the brother who claimed to possess it in his favour. You can defend your title on the ground of being a bona fide purchaser.
2. The onus to prove that she is the daughter of A under whom she claims tittle through succession is on her.
3. Criminal complaint for cheating and forgery can be filed only against the seller and not you.
4. The court can cancel the sale deed in your favour if it holds the settlement deed as forged.
5. It may take years for the case to be decided by the civil court.
Such types of claim do arise after analyzing the buyer to be innocent and may budge to such pressure for their greedy needs and wrongful gains.
If you have received legal notice, you may give a strong reply denying the alegations and her rights to claim in the property.
Let she approach court and file a suit, you can challenge the same based on the registered sale deed documents and other linke title documents.
In the meantime you may ascertain the background facts and her motive behind this notice and claim, to equip yourself for a proper challenge of her claim.