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Chandrasekar   03 January 2018

Muslim legal heirs of a daughter claim property after 22 years and 4th sale.

A muslim man gets a property from land reforms and asked to pay 20 years instalment with a conditional 10 years to hold the property in his possession. He passes away leaving behind a son and 2 daughters. The 95% payments are made by his son in his name and the patta was made in his name after 10 years. In 1996 he sells it and then subsequent sales have been made and I'm the last buyer of the property. ( in the 1996 sale, one of the daughters has signed as a witness ) Now, the daughters legal heirs suddenly are trying to block sale and are trying to extort money from me.


 4 Replies

Kumar Doab (FIN)     03 January 2018

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     03 January 2018

Don’t succumb to extortion.

Record all calls/visits.

You must have obtained copy of grant land and T&C associated with IT, even if thru RTI.

In case of death of allottee the T&C might have provision for succession rights to legal heirs and after due payment allotment to legal heirs.

Generically speaking; the legal heirs (all) should get their share per provisions of personal law that applies, until or unless some legal heirs have relinquished their share in favor of other legal heirs by valid procedure of the authority under whose jurisdiction property falls/registered deed.

If son was made sole owner by valid/registered deed then having attained rights equal to that of owner he could dispose the property.

Ideally all legal heirs should have been brought before the Registering Authority to sign as legal heirs of deceased alongwith said son & said one daughter.

Or all should have signed as consenting witness.

You have not clarified which daughter’s legal heirs are trying to block the sale; the one that signed as witness or some other daughter(s)?

If these are some other daughters or their legal heirs then they can agitate, if their rights have been infringed upon.

You can contest on merits.

Kumar Doab (FIN)     03 January 2018

IT is felt that you have neither discussed with any of the previous buyers nor with said seller i.e; said son, said daughter that signed on 1st sale deed.

You have not obtained proper legal opinion while buying.

Now you need to obtain proper legal opinion to handle the claim of these legal heirs.

Till then don't react and remain amiable,gentle.

Chandrasekar   04 January 2018

The legal heirs of the daughter ( a son and two daughters ) who did not sign as witness is the one creating the problem, but may be the legal heirs of the one who signed as a witness will also join, so he also can get money.

I'm not sure how the patta was issued in his name without the consent of other legal heirs during that time. i'm not sure if the authorities concerned got a any consent from sisters before issuing the patta in thename of the son alone, rather than all the three.

Can i contest this based on limitation act ? Since it has been 22 years post the first sale and all the three had been majors then. 

Please Note: that the legal heirship certificate was not issued by thasildar and they had got the same from court by extorting the neighbouring land owner and he was the one who got it for his record in 2013 , i.e post 17 years of the sale. Although they had got that legal heir certificate, they did not claim anything to me until i said , i was going to sell the land. once i said , i was going to sell they started pestering the broker to pay them before the sale or they will threaten the buyer. It is also to the best of my knowledge that they would not go to court but always threaten to stop any sale , if i dont pay them.


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