Proparty dispute
shrinivas
(Querist) 20 March 2011
This query is : Resolved
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Respected Sir/Madam
I had purchased residential Plot (self acquired plot) from one Widow Housewife women in March 1996 jointly with my uncle, made sale deed also. Her three sons (major) were witnessed to the sale deed. But elder son (major), elder daughter (major) were not witnessed.
The women had obtained NOC from District collector (DC) to sale the plot to us before execution of deed. After sale deed applied entry in revenue Dept(mutation), but it was not entered. My Uncle was expired in road accident in April-1996; we were shocked & not concentrated on that plot.
Actually Women was purchased land in 1985 directly from third party (Self acquired)
In September-2010 we have enquired in revenue department but still the name was not changed in our name. The sold women was expired in January-2008
Therefore we had once again applied for enter our name in revenue dept (mutation).
Revenue dept had asked objection from legal hairs of those deceased women.
Now daughter of women (Plaintiff aged 45 ) was claimed 1/5 share & grandson (Deceased Sons Son)(Women’s 1 elder son was also expired after execution after sale deed) was also claimed 1/5 share & claimed that plot is inherited/ancestral, the women was illiterate, therefore disadvantage had been taken & also claimed that property was purchased by their father in the name of mother & mother was housewife. So now they had filed a case in civil court & in revenue Dept.
We had opposed the case & appointed lawyer.
In September-2010 tahsildar/taluka magistrate office had changed & entered all the legal hairs names in records(mutation) without our knowledge. So we had got stay order in Assistant commissioner court & applied to change the names & enter our names the case is pending.
Sir/madam, I am in tension please advice weather claim is genuine & eligible.
So what to do now. Please guide sir.
Thanks with regards
Shrinivas
spandhari@yahoo.com
adv. rajeev ( rajoo )
(Expert) 20 March 2011
When it was the self acquired property of woman then her legal heirs cannot claim after her death because she has already sold the same to you before her death. If you are made as party to the suit contest the suit, otherwise file a suit for declaration and injunction.
Guest
(Expert) 20 March 2011
the lady was the absolute owner of the plot as she purchased that form the third party and after this she sold this to you and you can file the counter claim in this case that the suit property was self acquired and was sold to us by the mother of that person and in this way the mutation be entered into your name in the revenue record. please dont be tensed and relax.
R.Ramachandran
(Expert) 20 March 2011
If it was self-acquired plot of the woman, then she being the absolute owner of the same, your purchase is quite valid, provided you have registered the sale deed.
The revenue authorities are clearly on the wrong in not having mutated the property in your name; and more so in asking for objection from legal heirs.
From the facts narrated by you, while you need not worry, but it would be advisable for you to show your documents to a local lawyer and seek his advice and guidance.
