Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

QuerymanfromDelhi (A)     17 March 2012

Partition claim - post sale

My brother purchased an agriculture land which was self acquired by Person A who is now deceased.

Documents wise my brother verified the following
- Certified copy from Register office on the self acquired property in the name of Person A.
- Revenue documents are in the name of wife (mother of 3 sons) of Person A.

He went ahead with sale deed and registered on hisname, documents are signed by Person A wife and three sons.
Got transfered revenue documents on his name. took over the position of property

Recently my brother received a lawyer notice stating that another son exists. He has not not received his share of money and as he has not signed the sale of property, stating this sale is not valid.

Upon more detailed enquiry, my brother came to know other person is actual a son and also this family got 2 daughters.

Sellers state, they have provided some other land to 4th son. My brother has not seen the doc proof.Now that 4th son went to civil court and filed a partition suit. Sisters did not claim. My brother also has been marked as Defendent.

The sellers are not responding and have not taken court notices. Even sisters have not taken the court notices.

Advise is coming to file a cheating case against sellers.

How courts take such cases?


 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 March 2012

Dear Querist, A held the property as his self acquired property. The signatures from his sons/wife was not required at all, as A held absolute title to the property and could sell it, it seems to have been done by way of abundant caution. The Revenue Records showing A to be owner as self acquired property - would help you negative the claim of new son who has come up, he has no interest to the property whatsoever. 

QuerymanfromDelhi (A)     19 March 2012

You missed first point. A no longer exists. He died long back.. Now his wife and sons sold the property.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register