We have purchased a land around 4 years before from two brothers. The land was actually in the name of their Mother, who is no more. They have produced legal hire certificate showing that they are the only, who have the ownership on the land after their parents passed away. We never knew that they have sisters also. We have taken a bank loan and purchased the land. After 3 months of purchase, two of their sisters filed a case for their share. That is the time, when we came to know that they have sisters. Anyways, it took around 1 year for an out of court settlement and two sisters have withdrawn the case. Now when we have started construction, other sisters are telling that they will file a case now. We are now in a state, where we are paying the EMI in the bank but not able to do anything on the land. We have all the legal documents as per land registration department to show our ownership. We have also paid the property tax regularly after purchasing the land.  Please let me know a way out of it. My sincere gratitude in advance to those who can show me a way out.

Sir,

The problem which you are facing is common now-a-days after the amendement to Section 6 of Hindu Succession Act.   Now you have two options.

1. Discuss with the brothers(your sellers) about this problem, only if they are in talkative terms.  If they are willing to settle your problem, then get a release deed from all the sisters.

2. If the Sellers are not in talkative terms, the option left is that you have to contest the case.  You can also lodge a criminal complaint against the brothers for hiding the fact that the property is free from encumbrance and for producing false legal heir certificate.

Today it is the common tendency that the brothers will sell the property and then after some times, if the value of the land is increased, then by colluding with their sisters, they will suggest their sisters to file partition suit.

Thank you Swathi the response. Looks like you have quite good hold on this topic. As you have told, its all correct. The brothers are not in talkative mode at all and land price has increased. Please let me know if I contest on court, what is chance of a win and how much time will it take?

Dear Mr. malay  biswal

If the ownership is already  transperd in your name need not  to worry. File a injunction petition againest those all the brothers & Sisters & get an interim stay from the court. After the hearing the matter also court will not pass the  order againest  you. In these type of situations if the ownership is already transperd according to law & if their sisters have ligitimate share in the said property , than court will pass the order  in terms of money which is paid from the seller( brothers)     

Thank you for the response Venkatesh.

Hi Pradeep,

Thank you for the reply.

Below in the info needed,

1. Legal Heir Certificate: mostly forged one.

2. we have purchased the land which was in the name of their Mother.

3. its an ancestral property.

I have a question regarding claim of recovery of money

- We have purchased the land by taking a loan from Bank, and now the land price is almost 2 and half  times of the price we purchased. If we claim in the court then how much are we entitled to get?

Dear Friend,

When the ownership has been transferred to you, where is the question of you paying anything extra or to settle the issue with the other sisters?

I will advise you to approach the Court and get the order of Injunction. Let the siblings fight amongst themselves. You can go on with the construction. If they harass you more, issue a legal notice for harassment and compensation. They will rest at the fence.

Regards

VIRAJ KADAM

Advocate,

Supreme Court of India

virajkadam@gmail.com

I have one question. Is there a law/provision which says that after 3 yaers of the withdwawal of the case they can't file one more case for the same?

Regrads,

Malay