• Dispute regarding property purchase in J&K

I have purchased a plot from an Individual(male). His siblings/(plaintif) (brothers and sister) are claiming they have not given the consent for this sale. However the siblings has not raised any objections till 1 year past the purchase. However they were aware of the purchase, at that time. The land is inherited and we have only purchased the land from the share of individual. They have not made any partition deed. However, we have Registry, Intkaal, Gardori and Fard of the land. Can you please comment on the title of the land and reasonableness of the claim of the plaintif.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

Seek declaration of your title against them by way of filing a declaratory suit. 

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Seller is at liberty to sell his share in property 

 

as buyer you can file suit for partition for division of land by metes and bounds 

Ajay Sethi
Advocate, Mumbai
97590 Answers
7898 Consultations

The property was an ancestral one as per your own admission.

Now the property had to be divided first before it could have been sold off to anybody/you.

It wasn't partitioned and a portion of it was sold to you. The other shareholders may always raise an objection to the sale and file a suit for cancellation of sale deed.

Therefore you have to take certain steps so that your property is safe from litigation.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You state that “we have only purchased the land from the share of individual.”  A  Hindu share holder of ancestral property is owner of property only to the extent of his share. As per your statement you have purchased only his share in such other legal heirs have no case against the sale of property by your seller.

Ravi Shinde
Advocate, Hyderabad
4473 Answers
42 Consultations

-   Raising objection after a year is not a bar.

 

-   Also their knowledge is immaterial, even how you will prove they were aware of sale ?

 

-   Without partition, how you know which part is share of seller ?

 

-   The siblings can make any claim in civil court only. 

Then court will order to partition the property.

Ankur Goel
Advocate, Bangalore
454 Answers

If the partition was not done among the shareholders then the share of the seller in the property will remain undivided, in that situation the new buyer will become co-sharer to the property along with the other shareholders.

If he wants separate possession of his property he may have to file a suit for partition and seek separate possession of his share of property  divided on the basis of metes and bounds, equally.

If the siblings of seller have filed the suit impleading the new buyer as necessary party, then the new buyer can sail along with his seller and defend his interests in the purchase of the said property on the basis of the registered sale deed in his possession and other relevant records. 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

1.You have not mentioned on what basis you say that land in inherited by the seller.

2. Intkaal, Gardori and Fard of the land are not documents of title.

3. Ultimately it has to be seen whether the person who sold the land had a free and marketable title and had the competence to execute the sale deed.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

- According to the Transfer of Property Act, every co-owner has a proprietary right of the entire property , hence sale has to be made with the consent of all co-owners.

- But if there is an agreement that gives the co-owners exclusive rights to certain parts/portions of the property, a co-owner can sell his portion.

- Further , the the transferee does not get the right to joint possession with other co-owners.

- Hence, if that male share was already defined then he was having right to sell his share in the ancestral property without the consent of other siblings. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Dear Sir/Ma'am, 

1. every individual has a specific share and is at the liberty to do what he wants with the same. therefore he was entitled to sell his share in the land to you. 

2. since you are the buyer of that specific share, you may file a partition suit for the division of land by metes and bounds. 

Thank you 

  • For further assistance, you can book a consultation with me. 
  • If you liked my answer, please give a good rating and leave a review. 

 

Anik Miu
Advocate, Bangalore
10413 Answers
121 Consultations

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