Querist :
Anonymous
(Querist) 16 February 2024
This query is : Resolved
I recently purchased a land recently 2023 and came to know that there was a case on that land from 2022.
The case details are Grandfather A brought a property in 1932. He had a son B and a daughter C. He(A) died in 1950 intestate. His son B got the patta of the land transferred to him in 1966 (but the document was in the name grandfather A). With that patta, his legal heir(B's lega heir - Wife and son) registered the land to their name in 2020. And i brought the land from them .
A's daughter C also died now. Son of C also died. Now the legal heirs of C (Daughter in law of C) has put a case on us. What should we do now? Is my registration not valid? Seems like they also don't have legal heir certificate for daughter C (from A)
kavksatyanarayana
(Expert) 16 February 2024
How did the wife and son (the legal heirs of B) get registration in their names? Did B register a Gift deed in favour his wfie and son? And when there is a case on the land since 2022, how did you purchase it and who are the sellers?
Querist :
Anonymous
(Querist) 16 February 2024
Wife and son used the patta which was in the name of B and got the land registered to their name with out the sign of C. I didn't know there was case while purchasing. In the EC as well, it was not mentioned. From wife and son's of B seller1 purchased the land in 2021 and seller 2 purchased the land from seller 1 in 2022. Then i purchased the land from seller 2 in 2023. Then only came to know there is a case on it as they sent me a notice
kavksatyanarayana
(Expert) 16 February 2024
Consult a local advocate with a copy of the documents for further guidance.
Querist :
Anonymous
(Querist) 16 February 2024
Consulted a local advocate but he is saying that we can continue this in court. 99% we can win. But personally i would like to know 1. "Is heirs of C has rights to get a share"? 2. What will happen to me if the case goes in favor of them [C]? Will the court just take the land in my name and give it to heirs of C 3. Daughter of law of C doesn't have legal heir certificates for C, do they have any chance to get it now?
Querist :
Anonymous
(Querist) 16 February 2024
Would like to understand above things
Querist :
Anonymous
(Querist) 16 February 2024
Consulted a local advocate but he is saying that we can continue this in court. 99% we can win. But personally i would like to know 1. "Is heirs of C has rights to get a share"? 2. What will happen to me if the case goes in favor of them [C]? Will the court just take the land in my name and give it to heirs of C 3. Daughter of law of C doesn't have legal heir certificates for C, do they have any chance to get it now?
T. Kalaiselvan, Advocate
(Expert) 17 February 2024
You can challenge the case on the basis of the registered sale deed in your favor. You cannot get into history of the case because you are no where related to property before you purchased. Your objections would be limited to the extent of your sale deed alone. The seller only has to contest the case in facts and merits
Querist :
Anonymous
(Querist) 11 March 2024
Can the Son B and his legal heirs claim adverse possession on the property as they had patta in the name of B from 1966, heirs of B only paid all taxes till now. (But the land document owner name got transferred to legal heirs of B only on 2020)
T. Kalaiselvan, Advocate
(Expert) 11 March 2024
If they file a suit for declaration by producing substantial documentary evidences to prove their long possession and enjoyment, there are chances for them to succeed.
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