un registered partition deed is not admissible in evidence
2) daughter can claim property sold by father
3) she can file suit to set aside sale of property by father
4) delay in filing suit had to be explained
In 1962, Father buys land in name of daughter aged 19. In 1970, they execute unregistered Koorchit (partition). Father sells property (falling to his share in Koorchit) in 1980. I am planning to buy the above property today from present owner to whom the father had sold the property to in 1980. Does the father have full rights to sell the property or will there be possible claimants from daughters side in the future?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
un registered partition deed is not admissible in evidence
2) daughter can claim property sold by father
3) she can file suit to set aside sale of property by father
4) delay in filing suit had to be explained
Father purchased property in 1962 in the name of daughter. There was unregistered partition in 1972. Father sells is share in 1980. You want to buy the share of father from him. You have three points in your favor, 1) property is purchased by hence, it is his self acquired property he can deal with it has he wants, 2) he sold his share in 1980 to your seller, daughter cannot claim any right over the share of father and 3) as she did not take objections to sale in 1980, she cannot object it now. Her claim is out to limitation.
The 'koorchit' is considered as oral partition.
If there is an evidence for this oral partition of the property between the father and the daughter, then it would be a valid partition, however if the father has not made any arrangement to register the partition of his share in the proeprty, then the father may be considered to be devoid of his title to the proeprty which he sold to the buyer at any point of time.
If the father cannot prove his title as per law then the possibilities of his daughter winning the case in her favor.
You may first obtain a proper legal opinion before proceeding with the purchase of this property.
Dear sir,
There is a fair chance that the claimants from the daughter can seek their share.
Thank you
From the facts stated the father bought the property in 1962 when the daughter was still a minor (aged only 19) then. The oral partition was not registered, so it is not valid in law. The sale made by the father in 1980 also is legally void. However, if the person who had bought the property from the father in 1980 is in continuous possession and enjoyment of it, he becomes entitled in law by virtue of adverse possession.
Hey,
As such an unregistered oral partition is not valid in law and it has no evidentiary value even to file a suit based on that. Other than that for the daughter to now file a suit after not having taken any objection during the time of sale itself i.e. 1980 would render it to be barred by limitation act.
There may be claimant from daughter side if it's an ancestral property or if self acquired and without will.
- Since the said property was purchased in the name of a major daughter , then without getting her consent the father having no right to sell or partition the said property .
- Further , if daughter transfer the said property in her fathers name by way of unregistered Koorchit , then legally the daughter can re-claim the property , after narrating that the said partition deed was not executed by her.
- The sale deed done by the father can also be cancelled , if daughter approach the court of law.
- Further, as the present owner is living into the same since long period , then he can be declared as owner of the property on the ground of adverse possession , and a suit filed by the daughter will not maintainable now.