Reju 11 January 2018

dispute of land

If a man has a wife and in that a daughter is there.And daughter married before 1955. After the death of 1st wife he married another woman and in that he has 6 children . He died in 1960 and the belonging comes second wife and second wife parted the property in 1981 among his own children . Is there any right for 1st wife grand children for the property parted ( the family belongs to Christian )and in 1990 a portion of land is sold by 2nd wife children to a third party he then sale to another party in 1992 he owns the land from that time till now is there any legal rights for 1st wife grand children in the property

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5 Replies

Vijay Raj Mahajan (Advocate) 11 January 2018

This being Christian family, Hindu Law will not apply so no question of any Hindu Ancestral Family Property or Copacenery Property in this case, more so the property in question was disposed off in 1992, namely after 25 years any legal civil suit is time barred with regards to immovable property.

Reju 11 January 2018

Sir we don't have any legal documents from the 1st wife daughter or from the grand children.nowadays they are treattanining us they have right in the property.we are a third party buyer.from April 1992 property belonging to me . property is located in Kerala State

Kumar Doab (FIN) 11 January 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

Kumar Doab (FIN) 11 January 2018

THE INDIAN SUCCESSION ACT, 1925

PART V

INTESTATE SUCCESSION

CHAPTER I

Preliminary

29. Application of Part. -(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of 1*[India] in all cases of intestacy.

https://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf

Kumar Doab (FIN) 11 January 2018

So far apparently there is NO summoning from any court supplied to you.

The seller also has a liability to face court if the need be or situation arises.

Obtain proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/succession matters and well versed with personal law provisions as applicable in this case.

LCI Expert Mr. P.Venu is from Kerala.

If you wish, you may get in touch with him.