I am interested in buying a property(land). The said land belongs to Muslims. Documents show that the land absolutely belonged to a person A. Upon his death two of his legal heirs (B and C) filed a suit in Court. The said suit entered into a compromise and accordingly a compromise decree passes allotting separate shares to both B and C in 1934.."B" is a male and its his property than ultimately i am interested in. So now B has become the absolute owner of the said property.. Now B and his family members portioned the property in 1988 as per a partition deed thereby the property I am interested in was set apart to the independent share of D. D is the daughter of B. Now i am trying to buy a part of the land that was allotted to D via the 1988 partition deed. Perusal of records however has lead to some doubts. I want advice regarding those doubts. 1)The 1988 partition deed mentions B and his four progeny -2 females and 2 males; out of which one of them is D. But my investigation has revealed that B has two more progeny -1 male and 1 female to the best of my understanding. These two are not even acknowledged in the partition deed of 1988. There is no mention whatsoever regarding B having these two other pro-genies. And obviously there is no property allotted to them in the 1988 partition deed(these two are not even acknowledged). Could that be a problem for me if i were to buy this land from D? 2)Do these non-acknowledged pro-genies now have any valid claim on the said land? 3)It is not clear why these two were not included in the partition deed.? D is not giving any answer to that question. She maintains that B has the right to partition the property as he felt. Is that true? 4)My understanding was that while B could have sold the land to whomsoever he pleases without consent of his pro-genies and while B could "gift" the land unequally to his pro-genies as he please; but when it comes to partitioning property via a partition deed , B cannot partition unequally according to his wish leaving out one or two amongst his pro-genies WITHOUT the consent of all of his legal heirs!!!! Kindly clarify. Kindly also mention relevant laws relating to this!! 5)Supposing my concerns are true, is there a solution? (like if the left out pro-genies were to give an affidavit stating they don't want any share in the said property anymore)
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Lawyers are available now to answer your questions.
1) other 2 legal heirs can file suit to set aside partition deed
2) they can claim share in property
3) it is necessary to peruse partition deed to advice
4) mere affidavit would not suffice
5) ask D to execute indemnity bond to indemnify you in case any claims are made
1. Yes you can face problem , as other legal heirs can claim share.
2. Yes, after moving an application for setting aside the passed decree
3. Consult a local lawyer after showing the Partition deed
4. as above
5. Affidavit is not valid in case of property , A release deed can be taken from them.
1. Since you have mentioned that the proeprty allotted to B through court compromise decree becomes his own and absolute property, the property allotted to him was partitioned by him in the year 1988 as per his will and wish, it is not necessary that he had to include all his children in the partition deed.
It was his own decision to partition his property only to the chosen children, in the circumstances the left out children cannot claim any share in the property that had been given away to other children by partition in any manner nor do they have any rights.
Hence you can purchase the share of D in the property if all other aspects are satisfied and your lawyer opined and recommended to go ahead with the purchase.
2. No. You can go through the above answer for more details.
3. D is right in her opinion.
4. Your thinking is incorrect.
Since B becomes the absolute owner of the property, his authority to dispose the proeprty in the manner he may decide cannot be questioned by any authority.
5. If you are more concerned about it better ignore the purchase and look for some other property.
The affidavits given by the left out children of B is not valid in law neither it is enforceable in law, hence you may not have such fancy ideas to make your purchase legal amidst your fears about the genuineness.
@ T Kalaiselvan....Sir! I am addressing this question to you alone because given what the other two advocated here have opined, to them my following question is meaningless. There is no question B is the absolute owner of the property till 1988. So he may dispose of the property in any way he pleases. But the concern is whether he has followed the proper procedure to do so! The local legal opinion was that if B had to do as he pleased, then, B had to properly "transfer/gift" his property to D and register the share of property under the name of D in the Village office. Merely registering a partition deed "might be " insufficient.....Is that true??? I have noted your advice to "ignore the purchase". While i already did have that notion in my mind, getting these matters cleared seems useful for me-if maybe not in this purchase, at least in future endeavors!!!
First of all you should understand the difference between the registered title document and the revenue records.
The registered partition deed confers title to the allottee to the share of property being allotted to him/her.
The village revenue records are not the title records, hence anyone claiming title by the village revenue records is not legally maintainable.
Further when the court has passed a decree and judgment on the basis of compromise arrived between B and C allotting separate possession of their respective share in the property, they both become absolute owners of their respective share in the property.
What is your doubt about the title to B in the property?
The legal position is that since B being the absolute owner of the share of property allotted to him, he can dispose his share of proeprty to anyone of his choice in any manner hat he may desire and decide. His authority over such disposal cannot be challenged or questioned by anyone for any reason, and any such challenge would be defeated as they are not legally tenable or maintainable.
As I opined earlier, why do you have to pursue this matter when you are not absolutely sure of the title to the property especially when the local advocate have opined differently or have hesitated to recommend the purchase.
However, if this is the only defective part in the documents what you observe, in my opinion, it is ignorable and one can proceed with the purchase.
There is no legal bar to B executing partition deed
2)to extract their pound of flesh other legal heirs can file suit to set aside partition deed
3) they may not succeed but objective is to pressurise the buyer and seller to arrive at an settlement with the other legal heirs
Yes thwre will be a problem as the shares would be allocated as per the sharia law. Male and females have different shares. The children have a right to the property and cannot be taken away like in Hindus. They may raise an objection.
They have a right.
The partition can be challenged.
Yes the children may give a NOC. that can be a solution.
But the partition has to be done as per the sharia law.
If not it is not valid.
Family arrangements are respected by the courts. Mere registered deed is acceptable as long as the laws of sharia are followed ie HIBA ie gift can be given but upto a certain extent.
Property cannot be given by will more than 1/3rd. Some of the laws.
Yes they can relinquish their rights with registered Relinquishment deeds
