does your sale deed includes indemnity clause . kindly clarify
2) the seller has to pay the sister . she has equal share in land
3) ask her to claim compensation from her siblings by filing partition suit
Seller provided notarized family tree excluding one sister
I have purchased a agriculture land 1 year back, The land was a granted land and has been partitioned before in previous generations. Before purchase the RTC/Mutation was on name of Seller. The seller provided a notarized family tree excluding one sister who eloped with some guy( this i know now) During registration Mother of family , 4 brothers and 1 sister was available and signed for registry. The mutation and RTC now have my name. I went to land today and this other sister came and telling me to get her compensation from her family members otherwise she will put a case. So i checked with Neighbours and they confirmed that she is daughter of family. The family still holds multiple lands in same area. What are my options now to ensure i continue to enjoy ownership tension free.
Asked 24 days ago in Property Law
Religion: Hindu
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10 Answers
Yes sale deed includes indemnity clause, Can she even put any case on me restricting my access to property?
Asked 24 days ago
- Legally , the said sister has her right over the property including all the legal heirs, and hence her consent was also needed at the time of selling the property.
- However, as there is sale deed with the indemnity bond in your favor then the seller is under obligation to pay her share from the sale proceed received by you and not you.
- Further, in case she files a case then you can file a cheating case against the seller
you can sue the seller in the vent any case is filed against you by the sister
you are in possession bonafide purchaser of property
your access would not be restricted but she may get stay order restraining sale of property by you till suit is decided
You don't have to entertain that lady's claim, if at all she has any rights then let she fight against her parents and siblings.
In fact the sellers have made an indemnity clause in the sale deed, hence you can invoke that clause and hold the sellers to sort it out or to face the legal proceedings as per law.
She is entitle for a rightful share in the property hence they cannot avoid giving her anything.
you should have obtained a proper legal opinion before hurrying to buy the immovable property
She can file a suit against her mother and siblings in which she can implead you as necessary party and can seek injunction order against you to restrain you from further alienating the property till the disposal of the main suit
Yes, the omitted sister can challenge the sale if she proves her legal heirship and rightful share in the property. However, since the seller’s family (mother, siblings) signed the sale deed, and your name is updated in RTC/Mutation, your ownership is legally valid.
Since your sale deed includes an indemnity clause, you can hold the seller responsible for any legal disputes or compensation claims. The sister's claim is primarily against her family, not you. She may try to file a case, but unless she gets a court order, she cannot restrict your access.
Options:
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Negotiate – If feasible, ask the seller’s family to settle with her. -
Legal Defense – If she files a case, contest it on the grounds of valid registration and indemnity clause. -
Title Suit Protection – File a declaratory suit to confirm your ownership and avoid future claims.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Actually the other legal heirs have to pay her the share. If she files suit then she will make you and all of them party. You don’t have to pay her as you have already paid the share of property
She cannot restrict your access as you are a valid buyer from other owners. But she can file a suit for partition and cancellation of sale deed to the extent of her share. You said the land is grant land, if the ls is assigned/granted further procedure is required to regularize you sale deed.
Dear Client,
Since you have a registered sale deed with an indemnity clause, your primary legal responsibility lies with the seller. The omitted sister, if she was a legal heir, may challenge the sale claiming her rightful share, but her claim would be against her family members, not directly against you. However, if she approaches the court, you might face temporary restrictions. To safeguard your ownership, consider a title verification through a local lawyer, seek a declaratory suit confirming your ownership, and, if needed, ask the seller to settle her claim amicably. A legal notice to the seller reinforcing the indemnity clause could also help.
Hope this helps. Feel free to inquire for any legal query.
1. Send a legal notice to your seller as to why did he not include this sister in the sale deed in your favour and furnishing a false family tree, which is without this sister's name.
2. There's a way out for you to get absolute right over the property, if this sister who was sidelined, executes confirmation deed in your favour for the property in question.
