Sale deed should contain indemnity clause to indemnify you in case of third party claims 

The law of limitation as stated by seller is correct but the question arise that was the seller in 1994 only legal heir? If yes yes then no but if there are other legal heirs then such legal heir or their children may challenge and can claim after coming to know the sale transact and in that case limitation would commence from date of knowledge. So risk is involved in your case. 

When there is no confirmation who are all the legal heirs and only one person has sold the property. If the other legal heirs are there then they differently challenge the validity of the sale deed. Further, If the  other legal heirs filed  a  suit for partition there is no limitation will come into apply and your are title is in cloud and doubtful. 

If the property was sold without the knowledge of the other legal heirs, then the legal heirs can claim a share in that property at any time and they can file a suit for partition as well as cancellation of this sale deed in favor of your seller. 

Therefore you insist on the legal heirship certificate of the original seller or previous vendor of your vendor. 

Your advocate is right in demanding the essential documents for perusal without which the opinion about the clear and marketable title  would be defective or partial.

Your vendor is not the law maker that he will interpret the law  as per his own understanding of the same.

You may decide whether to take a risk or not.

Dear Client,

In a situation where the confirmation of all legal heirs is uncertain and only one individual has sold the property, it opens the possibility for other potential legal heirs to challenge the validity of the sale deed. If these other legal heirs decide to file a suit for partition, there will be no time limitation that restricts their claim, which means your title to the property is now clouded and uncertain.

The seller is right, as the property has been transferred many times in the past nearly 30 years and limitation will not be available to challenge the title of 'X' assuming it to be defective. It is better to get X execute an affidavit to the effect that he was the successor to the estate of his deceased father and the legal heir certificate he had obtained was missing subsequently.

Even if there are more legal heirs, they cannot claim any stake as barred by limitation.

the limitation point is a plausible argument 

since 1994 nobody has challenged the sale of the property by X 

The subsequent sale deeds i assume are registered documents so members of the public including any claimant would have constructive notice about the sale of the property to third parties

you can nevertheless issue public notice in 2 local newspapers , one english and one local language

your advocate must have taken out a title search from the sub-registrar's office

you can also take a separate indemnity from the seller

so if you do all these due diligence you will be considered as a bonafide purchaser for value and WITHOUT NOTICE

so you would be protected

i know taking an indemnity from the seller is nothing but a paper whose enforceability would be a problem

but something is better than nothing

also if there is any claim in future then you can always plead limitation in your defense as rightly pointed out by the seller

- As per law , after the demise of his father , the property would be devolved upon all his legal heirs equally , and hence if X  was only legal heir of his father , then the further sale is valid 

- Further, if there is more heirs , then the other legal heirs can claim his respective share in the property after filing a Partition suit without any limitation , and the further sale deed can be cancelled by the court order. 

- Hence, be sure about the X . 

Father is the natural guardian of child of the age 5 years and above. It must be guardian / father. 

If the seller is minor by age then the x's father as its guardian sells the property 

Y and Z must be minors at time of execution of sale deed 

2) X has executed sale deed as guardian for his minor children 

- It means that X has executed the sale deed also on behalf of his minor children Y and Z being the natural Guardian 

- However, you should know that a minors share cannot be sold without court order even by the father. 

There is very significant legal distinction between guardian and father. A guardian for minor is appointed by Court and a father  is natural guardian of minor without any certification from Court. X is guardian of y and z means that, they were minors at the time of sale and the sale took place without permission of Court, hence invalid. Limitation is computed from the date of knowledge of transaction. If the knowledge of sale accrued to y or z in 2020, they can seek recovery of property till 3023. There is risk in deal. Any notification in newspaper will not also help as they can claim they did not notice it.

Father means the natural, biological father who is a natural guardian, along with the mother of the children. A guardian means a custodian appointed by court for minors where natural parents are not alive. 

A father can be guardian also but the real interpretation can be only understood by knowing the exact relationship wether he was biological father or otherwise 

At the time of executing the sale deed, individuals Y and Z must be minors. X, their parent, acts as the guardian and executes the sale deed on behalf of his minor children.

Y And Z may be minor at that time.

Y and Z are his children or Minor siblings.

Well, now non can challenge the sale.

Hello!

If person X got the property this means there was a document executed duly by his father either by way of will/ probate, letter of administration. Legal heir certificate is required when the relation is supposed to be proved that person X is the legal heir. Property can be transferred during the lifetime of person X's father, but after demise it must be proved by way of will and its relating procedures.

Regards,

Advocate. N. Sharma.