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Gopi M   16 December 2021

Clarification regarding land purchase

Dear Sir/Madam,

I Have purchased land in 2006 from 19 years person, That land belongs to his ancestors (comes from his father's father). At the time of purchase His father was died and his mother is in relationship with another person (Not Legally and in the contact with her children) and his sister is minor. He registered the property to us solely, Now (In 2021) his mother comes and alligating that I have the rights on the land, I need the partition of the land. Please clarify that I have to give her part of land or not, and what is the solution for this issue.



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 8 Replies

G.L.N. Prasad (Retired employee.)     16 December 2021

Let her go to court and file suit against her children, and when you are impleaded as a party, claim your rights as innocent purchaser 15 years back.  Personal relationships of the mother are not relevant to outsiders.  The fundamental is that who seek partition against other co-sharers and should claim her rights from co-sharers through court and not from purchaser.

Gopi M   16 December 2021

Thank you sir, but she's trying to take action against us, what we have to do now sir.

G.L.N. Prasad (Retired employee.)     16 December 2021

What action is possible after 16 years ?

Let her get such action through the court, it takes her life to take action against you.   Believe me, she can not afford to pay even a court fee. Mother has abandoned minor girl child to continue to live in relationship with another, and how necessities of a minor can be taken care of in absence of a father and if the mother abandons minor girl?

I believe that you have acted in a fair manner towards children and not exploited their weakness and helplessness to grab property at a throwaway price.

P. Venu (Advocate)     16 December 2021

Has the mother approach the Court? Are you a defendant in the suit? Any meaningful suggestion requires the perusal of the conveyance deed.

Aryan Raj   16 December 2021

In response to your query,

According to the Limitation Act of 1963, the time limit for filing a claim for possession in order to enforce a right relating to immovable property is 12 years. Thus, under the rules of the Limitation Act, the legal heirs of the original owner are prevented from filing a lawsuit today, i.e. 16 years after the property was transferred from the original owner to the succeeding owner. As a result, the claim of those claiming to be legitimate heirs is banned.

If the original owner's legal heirs try to take away your property, you can bring a claim for declaration of title under section 34 of the Specific Relief Act, 1963, in a court of competent jurisdiction.

Regards,

Aryan Raj 

Gopi M   16 December 2021

No sir, there is no legal proceedings till now, they are trying to occupy illegally, If they try illegally what action we can take legally.

P. Venu (Advocate)     16 December 2021

No one is permitted to take law in their hands, even if they have a cause of action that is lawful. They need to resort to the due process of law. If unlafully dispossessed, you should move the Court immediately to get back possession. In such an action, other aspects are not relevant.

G.L.N. Prasad (Retired employee.)     16 December 2021

If they wish to use force, make a complaint to Police as no one can take possession by force, the police may restrain them and get a bind over as this is a civil dispute.


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