dhole (dentist) 11 March 2013

Legal heirs claiming rights 15 years after property was sold

Hi,

my mother in law bought a land in 1995 in Pune. The required money was paid ,the sale deed and all the documents were done as per the law. till the last month she had her name on 7/12 property document. suddenly the legal heirs of the person who sold the property in 1995, got their names attached in 7/12 property documents and are claiming the rights in the property. They are saying that their father did not take consent from all the legal heirs when he sold this property in 1995. Please advice 1) can they get their name on 7/12 property document when the property was sold by their father 15 years back ?? 2) is their claim / right on the property is valid???

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2 Replies

Srinivas (Director) 12 March 2013

Were you living in the suit property? If yes, and you were not paying any rents, you can claim any rights of the legal heirs if they exist would have been extinguished by way of adverse possession.

If you were paying rents or have previously acknowledged rights of the legal heirs you will need to fight your case in the court of law.

In any case you may land up in court. You will win the case but it will cost you pain and suffering.

Good luck.

m.kameswaran (student) 11 March 2016

u must have scrutinized the parental document of the purchased property and EC FOR PREVIOUS YEARS at the time of purchase. if it s father's self earned property,legal heirs cannot claim any right. but for ancestral property ,(u have to verify documents) then they may have the rights. better u contact an Advocate with all documents.