Claim for property by descendents of seller after 42 years
Naveen soni
(Querist) 20 January 2018
This query is : Resolved
Sir i have a property of my ansectors registered on the name of my grand father . I do not have link documents of the property. I have an sales deed/ GPA of the property . I have tax paid receipts of thr property on the name of my grand father. In the ec of the property my grand father name is mentioned!!! Can any descendents of the seller of the property claim any rights for the property. In the papers it is mentioned by the seller that my grand fathers successors have the rights in the property and not by the descendents of the seller !!!. Plz give me guidance on what to do if any such person claim the property???
Isaac Gabriel
(Expert) 20 January 2018
What is the problem? The query seems to be hypothetical.
Guest
(Expert) 20 January 2018
Very indefinite type of question for no problem!
If no problem, no solution is possible. Solutions are always with particular reference to specific problems. So, come forward to ask only if any problem arises afterwards. Otherwise, continue to enjoy your inherited property.
Guest
(Expert) 20 January 2018
Ask some sensible question that too pertaining to the real problem, if you face any. As of insensibility, I may like to ask, if some descendant comes forward to claim the property after your death, what would you do? When you have not got any problem for the last 42 years, what for this hallucination of yours?
Vijay Raj Mahajan
(Expert) 20 January 2018
If any claim comes against the property that you inherited and lawfully holds than come and ask for solution, hypothetical query like will not be answered here by experts.
Naveen soni
(Querist) 20 January 2018
I have agreements signed between the seller n my grand father. I have EC TILL 2016 which reflects my grand father name. The electricity bill,water bill n all muncipality bill comes in the name of my grand father!! My father is no more with us. He expired in 2006.In receny survey for change of name the survey document mentioned the name of sellers father!!! I dont have form 3. I dont have link documents. I have come to notice that some person of that family is planning to file a case claiming the property is his! Can they claim such thing??. Plz guide me.
Guest
(Expert) 20 January 2018
When he files any case, only then ask for the solution that too with specific reference to contents of the petition. You can't do anything before that to avoid any such case, if any descendant has decided.
Naveen soni
(Querist) 20 January 2018
Ok sir. Thank you all for giving me your precious time! Will contact you again with clearer details!!! Just wanted your guidance as i dont know much details relating to property act.
Guest
(Expert) 20 January 2018
Refer Sec 4 to 24 of Limitation Act 1963. Any suit related to immovable property to be filed with in 12 years of the transactions. Better consult a local advocate with all details and documents.
Adv. Yogen Kakade
(Expert) 20 January 2018
It is the legal right of the seller's ancestors to file a suit. But the maintainability of the same, limitation and merits are to be decided by the court. The option remains for you to keep your side of story before the court if any such suit filed against you. It is advisable for you to consult with a local lawyer on the event of receiving any notice.
Guest
(Expert) 20 January 2018
Sale deed by whom? Relationship of GPA with the sale deed would be required to be examined for further guidance. Mutation is also questionable.
P. Venu
(Expert) 20 January 2018
You have not disclosed the complete facts and the real. Please do not post riddles.
Dr J C Vashista
(Expert) 20 January 2018
Vague academic question with hypothetical facts, no opinion/reply.
Kumar Doab
(Expert) 20 January 2018
In your 1st post you have posted that you have the Sale Deed and PoA.
The sale deed is in favor of your Grandfather?
Is it mentioned that sale consideration has been aid by buyer and collected by seller?
IT is guessed from query that IT is your paternal Grandfather!
The PoA is by whom and in whose favor?
Is your grandfather alive?
Why and on strength of which document the name of seller’s father has been mentioned as owner of said property in recent survey?
What is this said Form3?
Which personal law applies in this case say; Hindu…… for seller…………… and buyer (your Grandfather)?
Kumar Doab
(Expert) 20 January 2018
In your 2nd post you have mentioned that you have the agreements signed between seller and buyer (your Grandfather).
What exactly do you have; agreement to sell, and/or sale deed also or agreement to sell alone?
And PoA also?
The PoA is by whom and in whose favor?
Kumar Doab
(Expert) 20 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in name of your father and then you.
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
If your grandfather and then father have expired then in said EC why your grandfather’s name is featuring?
Have legal heirs or you not submitted the death certificate, legal heir certificate/affidavit………….. to the O/o Authority under whose jurisdiction property falls say; MC…for updating in mutations record and collected the updated mutations record?
If your grandfather has died and was the owner being buyer by a valid/registered sale deed then the succession has opened on date of death…..and IF he has not left any valid WILL then his legal heirs shall inherit his estate /property including the one in your query.
Likewise since your father has died ( as posted by you) and was the owner being legal heir of his father ( for the property including in your query, then the succession has opened on date of death…..and IF he has not left any valid WILL then his legal heirs shall inherit his estate /property including the one in your query.
Have you approached concerned official in O/o Authority say; Patwaari and obtained mutation records with link docs?
Kumar Doab
(Expert) 20 January 2018
If yes, the situation can be clear on; why and on strength of which document the name of seller’s father has been mentioned as owner of said property in recent survey OR some error in recent survey and process and procedure to correct IT or contest IT.
The same official can help you with updation of mutation records in favor of buyer (your Grandfather) and then his legal heir’s i.e your father and others and then you and others…. As already explained above….
In your 1st post you have posted that IT is narrated in sale deed that descendants of seller won’t have any rights in property agreed to be sold/sold to your grandfather.
In your 2nd post you have posted that name of seller’s father has been mentioned as owner of said property in recent survey…………….
Seller’s father is not descendant of seller but ancestor of seller!
Why and how the property is shown in the name of father of seller in recent survey?
The official as already explained above can help you to get copies of all docs starting from mother document e.g; Shajra-e-Aks and help you understand how the property changed hands till seller (or father of seller) and then to your grandfather and why and how ……………
……..and/or on strength of which order the property is (restored back) named back to the father of seller.
Either IT is simple oversight or ordered back by revenue officials!
Naveen soni
(Querist) 20 January 2018
Thank you very much sir!!!!! Ur suggestions have given me a good path to look on!! I Will keep updating you about it!!!
T. Kalaiselvan, Advocate
(Expert) 24 January 2018
First of all why are you worried about a non-existent thing.
Since your grand father has a registered sale deed on his name, you may not to be worried about.the ownership
Let there arise any claim by anyone in this regard, which can be challenged as per the circumstances prevailing then.
Guest
(Expert) 24 January 2018
See and welcome Mr. Kumar Doab, a fake expert, who has appeared here just to play a number game to add scores to his credit with his vague and irrelevant posts.
He is expected to appear again in response to this post just to demonstrate the severely disturbed state of his mind.
Mr. Kumar Doab knows well that law is beyond his understanding, but still he appears indulge in to making vague and irrelevant posts on almost all threads of the querists.
.
