SARO Enterprises 05 March 2023

Ancestral property

Hi Learned Members

I bought a piece of agri land from Mr X. Mr X got this property from his family partition. The partition deed has many schedules and I bought one piece of land from one particular schedule which was given to Mr X as part of the partition.

One mistake what I did was I didn't take the signature of the wife of Mr X and his major son as witness. Now I came to know that Mr X didn't inform his family about this sale. Now I'm trying to sell this property and his family are creating issues.

Questions:

1. Does the family of Mr X has any stake in this property legally?

2. If they file a civil suit asking cancellation of the sale deed will it be valid in the court?

3. Family of Mr X has given an objection to the village administrative officer not to transfer the patta in the revenue records. How to handle this situation.

Thank You

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3 Replies

Dr J C Vashista (Advocate) 05 March 2023

Q 1. Does the family of Mr X has any stake in this property legally?

Ans: No, it is self acquired property in the hands of vendor i.e., "X" in the instant case.

2. If they file a civil suit asking cancellation of the sale deed will it be valid in the court?

Ans: No, the suit shall have to be dismissed, if contested properly.

Q 3. Family of Mr X has given an objection to the village administrative officer not to transfer the patta in the revenue records. How to handle this situation.

Ans: Contest the case through a local prudent lawyer.

SARO Enterprises 05 March 2023

Dr JC Vashista Thank you sir for your reply. Just one clarification on the Q1 Mr X has aquired this property from family partition. So Does this mean its self acquired property as per your answer?

T. Kalaiselvan, Advocate (Advocate) 05 March 2023

If the property was inherited by X vide a registered partition deed, then he becomes the absolute owner of his share of property.

It will be considered as his self acquired property with clear and marketable title on his name.

In this situation neither his wife nor his children or anyone have any rights in the property neither they can object him to sell the property in favor of the prospective purchaser.

Therefore if at all they file any case in this regard, you may challenge the same properly as per law and on the basis of the registered sale deed in your favor and merits..

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