Can the ownership of this property be challenged?
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
One Mr. Santosh was exclusive owner of a property, He had 3 sons and 3 daughters. After his death, All his 3 sons got the lease Deed registered from Land Development Office Delhi in their name somehow, without taking any NOC from his 3 daughters, in 1973.
Now out of those 3 sons and 3 daughters, none is alive.
Now there are 20 legal enlarge of these 3 sons.These 20 people wanna sell this property.
Can the ownership of this property be challenged because no NOC has been taken from the 3 daughter of Mr. Santosh in the very first place?
Did daughters had some right in the property of their father in 1973 ?
Can the legal heir of these 3 daughters ask their share in this property now ?
Raj Kumar Makkad
(Expert) 11 December 2011
As the property of Mr. Santosh was self acquired so daughters had equal shares in the property left by him. His sons illegally got the property in thier names ignoring the equal shares of their sisters. Now also those sisters can agitate for their shares by filing the suit for partition and possession.
Querist :
Anonymous
(Querist) 11 December 2011
Sir, as I said those sisters are no more.
The property was given to Mr. Santosh by Land and Development office when he migrated from Pakistan as a refugee.
I am none of this family but I know the whole story, the property is of 8 Crores and is for sale in the market, whoever will buy this property will be cheated, Can I do something, I may file some complaint to the relevant sub-registrar office/ L& DO or any other office..
V R SHROFF
(Expert) 11 December 2011
You file Suit for injunction, through those sister's heir.
u will get justice & Money also.
Querist :
Anonymous
(Querist) 11 December 2011
those sister's heir are not known to me sir, but as a stranger I know that all this wrong happened and more is going to happen going to happen with the purchasers of this property, I have all the docs somehow...Can be accessed by anyone....
V R SHROFF
(Expert) 11 December 2011
Use those Doc to find out heirs and proceed in the interest of justice.
Guest
(Expert) 11 December 2011
Agree with experts/
prabhakar singh
(Expert) 11 December 2011
You have no personal interest in the matter and that is the reason you have no right to sue also.If any body can sue are only heirs of those three daughters and none less.If the mutation has been done more than 12 years back,the heirs of sons can plead hostile ouster of daughters and their heirs to plead bar of limitation to their claim, then litigation here is not very short but has to go for a long.However I can not believe you are simply worried for buyer coming in would be cheated,you do have remoter interest to cash on the knowledge. Please do not mind me, we too live in society and come across several people claiming Anna.
Querist :
Anonymous
(Querist) 12 December 2011
prabhakar singh ji, tonight only one goon snatched a chain from a homely lady but I ran behind him and caught him and handed over the chain to that lady and that Goon to the local police.
O,O,O, but why I did do that.That was none of my business.Or to say i was not an interested party at all or to say I ahd no locus standi in Court language.
I do not claim that I am Anna, perhaps I may prove Greater than him.
My ways are very subtle,Shathe shathayam samacharet (Use mean ways to deal with mean people, I believe).If I am a person having some consciousnesses, I can do no wrong, If I am a slept one, even the right,I will try to do,will prove eventually wrong.
Nevertheless sir,your legal acumen again is proved great here.Thnx.
Anirudh
(Expert) 12 December 2011
Dear Anonymous,
At best you can do the following:
(1) Alter the prospective buyers - they may take your alert in good spirit or even ignore the same.
(2) If they take it in good spirit and ask for the signature from the Mr.Santosh's grandsons/grand daughters through his deceased daughters, probably the deal may fall through, or the sellers will say that we are the only absolute owners and no one has any claim, and even if there is any one claiming, we indemnify you against such claims. In that event, the transaction will go through.
(3) You can alert the grandsons/grand daughters of Mr. Santosh. If they say that we are not interested in any share - you cannot do anything. But if they take up the issue it is altogether a different matter.
BUT AS CAN BE OBSERVED, in none of the above scenarios, except aiding the parties concerned who are likely to be affected, you do not get directly involved. YOU ARE CORRECT, YOU DO NOT HAVE ANY LOCUS STANDI. It is the affected / aggrieved party which has to take appropriate action and no one else on their behalf.
Your helping the hapless lady whose chain gets snatched stands on a completely different footing and the same is not comparable to the situation of the present query.
Querist :
Anonymous
(Querist) 12 December 2011
Mr. Anirudh ,Thanx a lot for the reply.
It is right both th escenarios are different while talking of Locus Standi but I do not in agreement with Our Legal systems stand of Locus Standi--For me any body who stands against some illegality has a Locus Standi in every case, similarly as every one should stand against WRONGS in our day to day LIFE.
Should we think there that this WRONG is not being done to me directly why should I stand against it--No Locus Standi.....
What you say....Please....
