LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Balachandar (Software Engineer)     20 March 2010

Clarifications needed on disputed property

I have purchased a land from my cousin recently. All of my cousin's legal heirs agreed this deal and properly signed in the relevant document. Now a person puts case against my cousin.

Case Details:

Actually my cousin purchased this land from a person eight years back and he has five sons. This property is belonged to his wife. After she was died, he maintained this property for a while and then sold out to my cousin. Four of his sons signed in the registration document but missed the final son's signature at that time. Now, he puts the case againt my cousin who is the first succesor of purchasing this property, saying that he has rights in this property.

Note: The person who sold out the land to my cousin is passed away couple of years back.

Clarifications Needed:

1. I am the current owner of this property. The person puts the case against on whom I have purchased this property, not on me. Is that will create any problem for my property?

2. There is no legal notice came to me so far. How to react in this situation?

3. What will happen if the person win in this case?





 4 Replies

karthikeyan (lawyer)     20 March 2010

Hai Bala, law says that all the legal heirs of deceased owner must execute the sale deed, but your cousin purchase the property without the consent of one of the legal heir of the deceased owner.  Hence i think his sale deed itself voidable.  Try to get a consent deed from the said unsigned 5th person.

Balachandar (Software Engineer)     20 March 2010

Thank you very much for your reply karthikeyan. Your inputs is more valuable to be. However its vey difficult for us to getting the sginature from the unsigned 5th person since he is strong in his stands.

In our sales deed document, if there is any problem in this land my cousin has to settle the amount with the help of his own assets. My question here is, in the worst case, if the case is turned against my cousin, do i have the rights to claim the settlement from my cousin?

K S Narayana Rao (District Registrar)     08 May 2011

after her death all other legal hairs got right. One of the owner have to ratify your sale.

K S Narayana Rao (District Registrar)     08 May 2011

only share relating to that leftover 1/6 or 1/7 will be the case remaining property will be yours. if he compromisse you can register from him a ratification deed ( ofcourse to your cussion)

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register