Defend the rights in property
JEGADEESAN
(Querist) 07 May 2025
This query is : Resolved
Sir
I would like to clarify some doubt regarding my rights in Property which has been bought by me 5/6 share from the Legal Heirs of Sudalai who has 2 Sons & 4 daughters
i.e. During 2024 I have bought 2 acres(UDS) out of total extent of 2 .40 Acre Agri land which has not been divided and originally bought by their father.
i.e. Mentioned in sale deed as 5/6 of total extent .
But now the remaining one person (Name : Subbaiya) demanded extra amount, If not pay by me he said that he would sale his share to other person even the entire property in my custody.
Because his brother( S. Durai) already spent much amount to release his brother Subbaiya from Jail and he has the evidence for that & Durai repaid the Loan which has been bought by his father in connection with his sisters marriage , and all of them confirmed orally that remaining share would be sell to me but now Subbaiya refused to do so .
1. Is there any legal way to stop/create any objection to sell the remaining 1 share ?
2. Is it possible to claim the above expenses by Durai from his brother and lien the property till his claims settled by his brother subbaiya ?
3.Can I claim the expenses regarding development of land and legal expenses in connection with the above said land from Subbaiya & to create lien till my claims settled by Subbaiya?
4.Can I file a Suit to sell the remaining property to me since majority of the portion of land already bought by me and also total extent under my enjoyment based on their family members oral confirmation/agreement?
kavksatyanarayana
(Expert) 07 May 2025
Some facts, such as whether the property is ancestral or how Sudulai acquired it? Did the legal heirs of Sudalai sell the property without their mother?
JEGADEESAN
(Querist) 07 May 2025
Sudalai bought through his self earned & his wife also no more
& leaving behind him 2 Sons & 4 Daughters .
T. Kalaiselvan, Advocate
(Expert) 07 May 2025
1. If you have not purchased that one portion which is remaining out of the total property, you cannot stop him from selling it to third party because he has rights to sell it to anyone as per his own will and wish.
2. The concept itself is perplexing hence you may better post the question in an understandable manner if you are really serious about the issue
3. You have bought the property by a registered sale deed, then why do you claim expenses for developing your own property.
4. You cannot claim it as a right.
JEGADEESAN
(Querist) 08 May 2025
Kalaiselvan Sir Thanks for your valuable advice.
My 2nd Question is , the property owner Mr Sudalai has bought some loan regarding his daughter's marriage Now it has been settled by his 2nd Son Durai.
Now 1st Son ( Subbaiya) claims his share of property only but not ready to his share of loan .
My query is, Durai can claim or hold/take custody of the Undivided share of Land belongs to Subbaiya till he settled 1/6th share of Loan ?
Since his father only got the loan and while taking his property by legal heirs, loan also should be settled by the legal heirs ?
T. Kalaiselvan, Advocate
(Expert) 08 May 2025
There's no provision in law to enforce your idea of settling the loan of the father by his legal heirs
There was no pressure on him to settle the loan of his father neither there was any agreement to this effect.
Hence the claim is not maintainable in court of law.
P. Venu
(Expert) 08 May 2025
"I have bought 2 acres(UDS) out of total extent of 2 .40 Acre Agri land which has not been divided and originally bought by their father"
Has the property has since been partitioned and portion that you had purchased demarcated?
If not, take immediate action. Rest of the aspects posted are disjointed if not dipriented to suggest any remedial action.
JEGADEESAN
(Querist) 08 May 2025
Kind Attn : Mr Venu Sir
Actually the property has not been partitioned after the sale deed executed Entire Land under my enjoyment based on the remaining legal heirs assurance and consent . Since they have settled their father's loan & they asked me to do not allow Subbaiya ( One of the Legal Heirs) into the land till he settle his Share of Loan . (1/6th)
They are expecting Legal Heir should take Property and also Loan of father & not ready to give up the property only to Subbaiya.
P. Venu
(Expert) 08 May 2025
Your rights and interests are restricted to 5/6th of the property. you have no enforceable rights against the property held by Subbaiya.
JEGADEESAN
(Querist) 08 May 2025
Thanks for your valuable advise .
Further my query is other legal heirs can restrict/object Subbaiya to enter into their father's land without settling their father's debts by subbaiya?
Since his father got the loan based on the Property but unregistered .Just oral agreement and handover the Original Title Deed to the Lender. Once he passed away remaining 5 legal heirs repaid the amount and recover the land & Title Deed also from the Lenders.
T. Kalaiselvan, Advocate
(Expert) 08 May 2025
Since you have purchased 5/6 th share out of entire property you can call for partition of the property to acquire your share in the property with separate possession.
If one of the shareholders is not cooperating then you have no option than to file a suit for partition and claim your share with separate possession through court of law.
You should not show any interest towards the loan settlement by the legal heirs because it is not your problem.
Hence you may better concentrate on your property alone.
Dr. J C Vashista
(Expert) 09 May 2025
You are stated to have purchased "undivided" 5/6th share in agricultural land leaving behind 1/6th share without demarcation, hence you cannot raise any objection to the left out portion.
Consult a local prudent lawyer with relevant records for proper analyses of facts, which are disjointed in the post.
JEGADEESAN
(Querist) 09 May 2025
Thank you so much Kalaiselvan Sir & Vashista Sir.
Same advice finally given by Local Lawyer.
Further local lawyer said that since the adjoining land also belongs to me and my relative he can't sale easily to any third party as there is no access to the land and also no proper channel to bring water to his share of land even court partitioned the land .
Further the buyer can't claim (under easement act ) passage and create water channel or erect water pipe through my land since he well aware about the dispute before buying the land .
T. Kalaiselvan, Advocate
(Expert) 09 May 2025
You are right in your understanding and also about the opinion rendered by your own local lawyer.
It seems yo be proper and perfect, hence you may better be in touch with your own advocate on all such further issues, in case of any further second opinion, you can approach this forum or any advocate of this forum or outside for clarifications.
Dr. J C Vashista
(Expert) 10 May 2025
If the opinion and advise of your lawyer and experts on this platform matches what is your doubt ?
P. Venu
(Expert) 10 May 2025
Your last posting suggests that you are in a mission to mess up situation so that Subbaiya is left with no option but to sell his land to you. Your assumptions are too hasty and based on inchoate understanding of law and its basic concepts
