• Do i need consent from from legal heirs left out ?

Hi, I am considering buying a 1 acre farm land which is set up as following

Original land owned by Mr PK (total 2 acres)
Inherited by children - 5 Sons and 1 Daughter
out of 5 Sons 3 passed away unmarried
Two left out sons are Mr PG and Mr KG
Daughter Mrs PT
They have partitioned (no partition deed) the 2 acres as 1+1 between Mr PG and Mr KG
Mr KG sold land to Mr R in July 2008
People signed in sales deed Mr PG, Mr KG, And all their kids
Mrs PT has not signed the sale deed
The tricky part : Mr R who bought the land for 2Laksh is the first son of Mrs PT
She has two other sons Mr RJ and Mr MJ, they both have also not signed in sale deed

In 2017 the same Land (1 Acre) is sold by R again to Mr X
I am considering to buy from Mr X
Mrs PT is no more and passed away in 2010

Questions 
Can Mr RJ and Mr MJ stake claim to the property now ?
Given that they have sold ancestral property within family how does it affect inheritance ?
Given its been more than 12 Years now can any one else or Mr RJ or Mr MJ claim the property now ?
Given i am the 3rd buyer of the land does it change anything if Mr RJ or Mr MJ stake claim ?
Asked 3 years ago in Property Law
Religion: Hindu

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10 Answers

1. Yes, Mr. RJ and Mr. MJ can stake claim to the property now.

2.  As per amendment to the Hindu Succession Act, 1956 in 2005, Mrs. P.T also was entitled to equal share in the ancestral property, since there's no registered partition deed.

3.  If it were to be ancestral property and when we consider amendment to the Hindu Succession Act, 1956, in 2005, since the partition deed was not registered at that time, it's open for review anytime and the limitation period of 12 years may not be considered.

4.  If Mr. RJ and/or Mr. MJ stake claim, you may also be treated as one of the parties.

5.  It's advisable to show the property papers to a Legal Professional and elicit opinion before proceeding further.

 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

1. You do not stand risk of losing the entire property. It may also be clearly understood that the risk of losing some portion of the property arises only if Mr.RJ and Mr.MJ or their legal heirs pursue the case.

2.  Mr.RJ and Mr. M.J's eligibility stands.

3.  Mr. R's claim depends on the outcome of judgement if at all someone goes to Court.

4.  The above observation should not be considered as legal opinion and you may show the property papers to any Lawyer and then only proceed further.

 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Since PT was also one of the legal heirs along with PG and KG to succeed to their deceased father's properties, upon her death her own children i.e., R, RJ and Mj are her successors in interest to succeed her estates left behind upon her intestate death.

Therefore all these three children can stake a claim for their legitimate share in the property.

You may please note that R has purchased the property as  buyer and not acquired his legitimate share in the property because his mother was alive that time.

This is not ancestral property.

The suit for partition can be filed anytime, it is not barred by limitation.

The dispute is obviously seen especially the dormant people may emerge at a later stage to trouble the subsequent buyers with intention to extort money, hence it would be better to avoid buying such properties which always pose the danger of litigation in future.

 

 

T Kalaiselvan
Advocate, Vellore
87812 Answers
2365 Consultations

The question is not who has signed or who has not signed.

When there arises a litigation seeking their legitimate share in the property by the legal heirs of Mrs. PT, then the court my bring entire property into consideration and may pass an order to divide the property equally by metes and bounds, good and bad sol.

Thus if you have already purchased the property and if the same falls in the haree of the claimants then you may stand losing the property.

Thus in view of the opinions rendered in the previous post a well as this post, you are advised to keep off from the idea of buying this property or you can obtain a proper legal opinion from an experienced lawyer in the local before you are venturing into this purchase. 

T Kalaiselvan
Advocate, Vellore
87812 Answers
2365 Consultations

Both sons Mr RJ and Mr MJ can claim share in property 

 

the consent of the mother ie Mrs PT was not obtained  when property was sold .she has not executed any gift deed or RD 

Ajay Sethi
Advocate, Mumbai
97610 Answers
7902 Consultations

Merely because brother sold the land dues not mean that his siblings cannot claim share in property 

R cannot claim 

Ajay Sethi
Advocate, Mumbai
97610 Answers
7902 Consultations

Merely because brother sold the land dues not mean that his siblings cannot claim share in property 

R cannot claim 


Merely because brother sold the land dues not mean that his siblings cannot claim share in property 

R cannot claim 


Merely because brother sold the land dues not mean that his siblings cannot claim share in property 

R cannot claim 

Ajay Sethi
Advocate, Mumbai
97610 Answers
7902 Consultations

1. Mrs.PT was one of the Class 1 heirs of her father who originally owned the land.

2. If she has either not signed the sale deed as a conforming party nor executed a release deed in favour of her two brothers then she can still claim her share and challenge the sale deed to be executed in your favour. So she must also now sign the sale deed.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

i want to know when did the succession actually opened?

you have not mentioned the date of death of PK?

Yusuf Rampurawala
Advocate, Mumbai
7767 Answers
79 Consultations

Dear sir,

1. RJ and MJ can claim in property as they are children of PT. Mrs PT was also entitled to the property as she was the daughter of PK

2.  R has purchased the property and did not claim his share because Mrs PT was alive

3.partition can be filed at any time.

3. It may attract litigation as there is a chance where other members of your family may invoked their rights.

 

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

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