Minors claim on purchased property
MrAnandGmaha
(Querist) 24 May 2016
This query is : Resolved
I have purchased 2500 Sq. Ft. Land in Corporation area in 2014. Title was clear. Old owner was showing clear authority without any others rights etc. (Acc. to Search Report by advocate). Now in 2015 old owners minor son filled case to cancel sale deed and claiming his right. Up to 2015 they were single family but now his mother (wife of old owner) filled divorce case also. Please tell me is there any risk to my property? Old records shows only old owners right and title. What are the legal rights when purchased clear title and self acquired property.? This case is filled by old owners child and his wife.
P. Venu
(Expert) 25 May 2016
What are the grounds for the minor 'sons' claim? Is he still a minor?
Kumar Doab
(Expert) 25 May 2016
You have posted that:
" What are the legal rights when purchased clear title and self acquired property"
If it was self acquired property of seller then what is the issue raked up by wife and son?
Rajendra K Goyal
(Expert) 25 May 2016
Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer.
MrAnandGmaha
(Querist) 26 May 2016
Said property was purchased from wifes father by old owner (I have copy of that Sale Deed Registration).
As per court documents - Wife stated that : Old owners was promised to his wife that After sale of property received money will be distributed amount all family members including Son and daughter. But after sale owner denied to share money among members as promised. After disputes they came to divorce. Now wife and minor son & daughter (They are still minor) claimed their right on all properties including my purchased land.
Fact is clear - It is self acquired property purchased from wifes father by Sale Deed. Owners was single authority and clear title.
My question is their any risk to my property ? because i am unaware about their rights of HUF etc...
MrAnandGmaha
(Querist) 26 May 2016
As per documents - their disputes started after my purchased property for money sharing only.
Hemant Agarwal
(Expert) 15 June 2016
1. IF the said property was self-acquired by "old owner", THEN the legal heirs (wife, children/s) would have no legal rights to claim anything, at any time, to the exception that the "old owner" is of unsound mind or was threatened into selling the self-acquired property.
2. Not sharing the proceeds of the property by the old owner, is a civil-dispute between the old-owner and his wife children or ...., and the new owner cannot be roped in.
3. The old-owner is lawfully entitled to sell /burn his self-acquired property and the new owner is safe in all respects, to the exception of any old court cases prior to the date of purchase.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 10 July 2016
The matter posted again at:
http://www.lawyersclubindia.com/experts/Property-purchase-dispute-case-606921.asp
In both threads the query is initiated by author @ S. Kumar.
In both threads the query in last post being asked by author @ Santosh Raut.
What is this?
In both threads the matter posted has been duly replied.
You may engage a very able counsel for further response.
