did Mrs B 2 sons execute gift deed or relinquishment deed for their share in property
2) without consent of 2 sons property could not have been transferred in Mrs B name
3)check the records whether gift deed or RD executed by sons or not
Rights of legal heirs of muslim family
I want to purchase 1 acre agriculture land in Karnataka from a Muslim family. By considering restrictions on the purchase of agriculture land in Karnataka, I’ m eligible to purchase agricultural land in Karnataka. Actually, Muslim person namely Mr.A died in 1965 left behind his wife Mrs.B and two major sons. After demise of Mr.A, his wife Mrs.B got transferred the said land in her name and had proper Khatha( RTC). But in 1979, another Muslim person namely Mr.C had purchased said land from Mrs.B for valuable consideration and sale deed registered in the same year, land mutation did in 1983 and Khatha ( RTC) stood in the name of Mr.C and Mr.C enjoying the said land without any issues up to current year. My questions are, 1. Is any legal issue in the sale deed registered in 1979, as major two sons of Mrs.B haven’t signed? 2. If any legal issue, what will be the remedy ?
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
No sir, neither Gift Deed nor relinquishment deed done by by Mrs's 2 sons.
Asked 7 years ago
well then MR C does not have clear and marketable title to the property
2) sons of Mrs B can always file suit to claim their share in property
Is any shield under Article 64 and 65 of Limitation Act,1963, barring Mrs B's two sons from claiming property from Mr.C, as Mr.C enjoying the the said possession of land since 1979 without any issues.
Asked 7 years ago
the sons would take the plea that fraudulent transfer by mother was discovered now hence claim is within time
the problem is banks would not sanction loan as title is not clear and marketable
In this case C does not have a clear title and hence legal heirs of B can file a suit to claim the share in the property.
Shield of the limitation act will not be available in this case.
Regards
At this stage there is no legal issue if you purchase that agricultural land. The sale deed registered in 1979 has legal force because no objection has been filed by her children regarding the cancellation of sale deed.
If children boys in a suit for cancellation of that sale deed then his suit will be barred by the limitation and the court will dismiss his petition. It is settled law that when a land is purchased in lieu of valid consideration then purchaser will get absolute right in that land. That purchase are has right to transport it to any person on valid consideration.
My questions are,
1. Is any legal issue in the sale deed registered in 1979, as major two sons of Mrs.B haven’t signed?
The legal heirs of the deceased A are the wife and his children
It is not understood that how could the widow of the deceased transferred the properties to her name alone.
You may enquire about this detail before buying the same
2. If any legal issue, what will be the remedy ?
You can get a ratification deed signed by both and get it registered before the jurisdictional SRO.
No sir, neither Gift Deed nor relinquishment deed done by by Mrs's 2 sons.
Then it would be better that a registered ratification deed be obtained by the left out two sons of the original owners
Is any shield under Article 64 and 65 of Limitation Act,1963, barring Mrs B's two sons from claiming property from Mr.C, as Mr.C enjoying the the said possession of land since 1979 without any issues
Any step taken without observing the procedural aspects may become fatal to your caste.
Dear all respected professionals, after thoroughly checking sale deed dated 1979, I found that, Elder Son has signed in last page of sale deed as witness and Younger son not signed. Please note, Elder son was not considered as Party/Seller in the first page( his mother name only mentioned as Seller in the First page of sale deed), but he had signed as witness apart from two other regular witnesses. After inquiry, Younger son passed away in 2012 and having one son and one daughter. If you think any document to be obtained from them to get clear title, please suggest. I think property law governing Muslims is different, please consider this while reply. Please consider this update and give opinion.
Asked 7 years ago
This deed to me seems to be dubious.
Son of the deceased son will have right in the property (as per the Muslim law)
I would certainly not advise you to purchase this property.
elder son cannot file suit claiming share in property now after 37 years as he was full aware of sale of property
2) younger son children can file suit to claim father share in property as he did not sign the sale deed
You are right that the intestate succession or inheritance law of Muslim is different to that of the other religions
The son and daughters including widows are entitled to a legitimate share in the property left behind by the deceased.
A portion of property shall be kept aside for funeral expenses and the balance shall be divide to widow at 1/6th share and the children i.e., male members will get 2 shares to the of one share of the daughter.
The sons who were entitled to a share in the property need to have signed in the sale deed as a party from the vendor's side.
The legal heirs of the deceased legal heir are also entitled to a share in accordance with the personal law provisions