Property claim by other than property holder
arunkumark
(Querist) 13 October 2014
This query is : Resolved
We are planning to buy a property owned by 5 members as per property extract provided by them (seller).We have already paid huge token amount and also signed mou with them. As per the procedure The advertisement was given in the news paper to finalise the deal and registration process etc.
Then We got a notice from the lawyer saying that his client is also the part owner of the said property as a sister of those 5 brothers whose name doesnot appears on the property documents.Those 5 brothers did not enter the name of thier sister saying she did not want her share so her name not included.The said sister is expired 20 years back and her son is claiming for this property and threatening us to file a criminal complaint as well as claim for the property making us also a party.We have already informed them that i am ready to compromise as i was in dark about your share, I can pay the amount of your share but he is saying he does not want to sale his mothers share.You can go ahead and buy other shares.The property partition is not done. Please advise wht are the consequences and how to come out of this.
ajay sethi
(Expert) 13 October 2014
ask for refund of advance paid as title is not clear and marketable
Rajendra K Goyal
(Expert) 13 October 2014
When the head of property expired and when the mutation was entered ? What documents were presented while entering the mutation in the name of brothers ? Whether the sister executed any stamped registered renunciation of her rights?
Consult a local lawyer and show him all the documents.
malipeddi jaggarao
(Expert) 16 October 2014
You have to look into the link documents for the last 30 years. What is the document they are giving to you showing that they are the owners of the property? Whether their father died intestate or these 5 brothers got the property by Will or Gift Deed or Settlement Deed.
Do not become panicky by the overtures of the sister's son. Ask all the link documents and get a legal opinion before going ahead.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
Better verify the title of the vendors properly , consult a lawyer and take his opinion and if need be a second opinion from another lawyer based on the legal notice, if it is worth enough proceed or else you may have inform the vendors that your are terminating the contract/agreement for the cited reasons and demand them to return the advance amount paid so far.
