Malay Biswal (Lead Telecom engineer) 22 January 2012

Brothers have not given share to sisters,sold the land to us

We have purchased a land around 4 years before from two brothers. The land was actually in the name of their Mother, who is no more. They have produced legal hire certificate showing that they are the only, who have the ownership on the land after their parents passed away. We never knew that they have sisters also. We have taken a bank loan and purchased the land. After 3 months of purchase, two of their sisters filed a case for their share. That is the time, when we came to know that they have sisters. Anyways, it took around 1 year for an out of court settlement and two sisters have withdrawn the case. Now when we have started construction, other sisters are telling that they will file a case now. We are now in a state, where we are paying the EMI in the bank but not able to do anything on the land. We have all the legal documents as per land registration department to show our ownership. We have also paid the property tax regularly after purchasing the land. Please let me know a way out of it. My sincere gratitude in advance to those who can show me a way out.

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8 Replies

Swathi S Bhat (Advocate) 23 January 2012

Sir,

The problem which you are facing is common now-a-days after the amendement to Section 6 of Hindu Succession Act. Now you have two options.

1. Discuss with the brothers(your sellers) about this problem, only if they are in talkative terms. If they are willing to settle your problem, then get a release deed from all the sisters.

2. If the Sellers are not in talkative terms, the option left is that you have to contest the case. You can also lodge a criminal complaint against the brothers for hiding the fact that the property is free from encumbrance and for producing false legal heir certificate.

Today it is the common tendency that the brothers will sell the property and then after some times, if the value of the land is increased, then by colluding with their sisters, they will suggest their sisters to file partition suit.

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Malay Biswal (Lead Telecom engineer) 23 January 2012

Thank you Swathi the response. Looks like you have quite good hold on this topic. As you have told, its all correct. The brothers are not in talkative mode at all and land price has increased. Please let me know if I contest on court, what is chance of a win and how much time will it take?

VENKATESH HEGDE (ADVOCATE) 25 January 2012

Dear Mr. malay biswal

If the ownership is already transperd in your name need not to worry. File a injunction petition againest those all the brothers & Sisters & get an interim stay from the court. After the hearing the matter also court will not pass the order againest you. In these type of situations if the ownership is already transperd according to law & if their sisters have ligitimate share in the said property , than court will pass the order in terms of money which is paid from the seller( brothers)

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Malay Biswal (Lead Telecom engineer) 25 January 2012

Thank you for the response Venkatesh.

Pradeep Kumar (Lawyer) 26 January 2012

Dear Sir,

I need to know few things

The authenticity of Legal Heir Certificate?

Have you purchased the shares of sisters' also?

Whether the property was purchased by the sellers' mother or was it ancestral?

If You haven't purchased the shares of sisters' .Then in that case sister might go to the court for partition suit, then you are entitled to accept the area as per the partition decree/order or court might grant the area in your favor wherein you have raised the construction.

Now if the brothers' have fraudulently sold the sisters share,then sister's will file the case against the brothers and you need to become the party in that suit?You can always claim the recovery of money from sellers' and can file criminal case against them.

Pradeep Kumar & Associates

Advocates

Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000

(O)0124-4078500

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Malay Biswal (Lead Telecom engineer) 28 January 2012

Hi Pradeep,

Thank you for the reply.

Below in the info needed,

1. Legal Heir Certificate: mostly forged one.

2. we have purchased the land which was in the name of their Mother.

3. its an ancestral property.

I have a question regarding claim of recovery of money

- We have purchased the land by taking a loan from Bank, and now the land price is almost 2 and half times of the price we purchased. If we claim in the court then how much are we entitled to get?

VIRAJ KADAM (Advocate Supreme Court of India) 29 January 2012

Dear Friend,

When the ownership has been transferred to you, where is the question of you paying anything extra or to settle the issue with the other sisters?

I will advise you to approach the Court and get the order of Injunction. Let the siblings fight amongst themselves. You can go on with the construction. If they harass you more, issue a legal notice for harassment and compensation. They will rest at the fence.

Regards

VIRAJ KADAM

Advocate,

Supreme Court of India

virajkadam@gmail.com