Challenged sale deed and mutation after 9 years of registrat

Vivek Kumar (Querist) 06 January 2020 This query is : Resolved
I purchased a land in in 2011 by registered sale deed. After registration I do mutation of my land in revenue record. I got possession by seeler. Since 2011 to 2020 I paid property tax continuously 9 years. I received land possession certificate by government of this land. Now the problem is seller died and and his son(age 32) challenging my land registry and mutation. He is saying this is ancestral property . Can seller son challenged my registered sale deed and mutation record after 9 years. What should I do???

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A buyer registered a land sale deed and mutation in 2011, paying property tax for nine years and receiving possession. Now, the seller's son is challenging the sale, claiming it's ancestral property, despite the nine-year delay. While the son can initiate a civil suit, his claim may be barred by the law of estoppel and limitation, especially if the property was self-acquired. It's advisable to consult a local lawyer to prepare a defence if a legal challenge is filed.

kavksatyanarayana (Expert) 06 January 2020
The son of the seller kept silent for a long time. However, you file case against him by approaching a local lawyer.

K Rajasekharan (Expert) 06 January 2020
How does he challenge it? Is it thought a civil court? He can challenge it only through a civil court.

If it is an ancestral property it is possible for him to challenge it if he has a share in it as per the law relating to ancestral property which comes under Section 6 of the Hindu Succession Act right now. Otherwise, if it is a self acquired individual property of the seller he, on account of being the son of the seller, cannot challenge it as you purchased it by due process of land transfer.

I don’t find any reason for you to do anything before he challenges it in the court. If he challenges it in the court you can respond to it and place your arguments in your favour. Till then, it seems it is better for you to keep quite.

Sailesh Kumar Shah (Expert) 07 January 2020
If any case filed against you, face the case through a local advocate.

SHIRISH PAWAR, 7738990900 (Expert) 07 January 2020
Dear sir,

Even if son of seller challenged it in court after huge span of 9 years he will not get any success. You have to fight out the case.

Regards,

Hemant Agarwal (Expert) 07 January 2020
1. Son has a case to claim his share /rights on the proceeds of the property, more so since he was a major person at the time of the Sale Deed. However Son does NOT have any claim on you (as a new buyer party) and Son would have claim on the Assets /Properties of Father (Seller).

2. Son's claim is barred by law of estoppel, as a legal heir & beneficiary of his Father.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Raj Kumar Makkad (Expert) 07 January 2020
Your seller was well within his legal right to sell the land. Let his son file a civil suit. You get it defended through your lawyer.

Raj Kumar Makkad (Expert) 07 January 2020
You need not to lead by filing any notice/suit against the son of your seller.

Vivek Kumar (Querist) 07 January 2020
Respected raj kumar sir can seller son challenged registered sale deed after 9 years of registration and mutation, because I heard limitation for filing suit only three years after registration after registration

Dr J C Vashista (Expert) 08 January 2020
No one can stop the son to challenge the sale transaction but it will not stand and shall be dismissed.
It is appropriate to consult a local prudent lawyer for appreciation of facts/documents, professional advise and necessary proceeding.

Azhagananth (Expert) 08 January 2020
if it is ancestral property the sons have right to challenge the same sale deed from the date of knowledge, by a partition suit.

Raj Kumar Makkad (Expert) 08 January 2020
Law of limitation does not stop the plaintiff to file the present suit if the same stands filed within 3 years of the death of his father as cause of action to file had accrued to him after death of his father. I have not commented anything on merit rather have mentioned only the legal position.

P. Venu (Expert) 09 January 2020
More than the Law of Limitation, the really relevant questions would be as to the grounds on which he is challenging the transaction. The challenge ought to be to the conveyance, not limited to the mutation.

T. Kalaiselvan, Advocate (Expert) 15 January 2020
If he has filed the suit seeking cancellation of sale deed on the basis of ancestral property, you can challenge the same properly as per the documentary evidences in your possession.
If you ascertain that this may not fall under ancestral property then you can challenge the claim appropriately.
Discuss with your lawyer at length and proceed.

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