SANTOSH (MEDICO SOCIAL WORKER) 14 November 2011
HELLOW SIR/MADUM,
My friend was bay a sc and st land 20 years back and he was cultivat on that land and the owner who was sell the land was since alive. but problem arise his 2 nd son who object the sell and tell we questioning in court. please advise me whether what i do and wheter the sell of property is no tconsider valid in court of law or he was sold land after completion of not sell a period in act hwetehr it is valid transaction.
Advocate Vishnu (Advocate) 14 November 2011
Dear Santosh,
If the property is the ancestral property of the seller , only then his legal heirs have a right over the property.
If it is self acquired property, then the sale is perfectly valid.
Take a look at the sale deed carefully and find out if the seller had inherited the property or has bought it on his own.
If the son threathens that he will go to court, you can argue your case as adverse possession, since you have been in enjoyment of the property for more than 12 years and get a temporary injunction or status quo on the property until final disposal of the case
Advocate Vishnu (Advocate) 14 November 2011
Dear Santosh,
If the property is the ancestral property of the seller , only then his legal heirs have a right over the property.
If it is self acquired property, then the sale is perfectly valid.
Take a look at the sale deed carefully and find out if the seller had inherited the property or has bought it on his own.
If the son threathens that he will go to court, you can argue your case as adverse possession, since you have been in enjoyment of the property for more than 12 years and get a temporary injunction or status quo on the property until final disposal of the case
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