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Vendetta Vendetta   22 June 2020

Regarding Property issue

My father bought an intestate property in 32.50 lacs but on sale deed only 8.16 lacs is mentioned during registration.
Now we came to know about property dispute over the property and there is a heir who's claiming rights over the property.
We bought property from builder.. and he didn't gave NOC of property... how can i recover Money or Complete Possession over the property..?
Kindly suggest some possible solutions to this situation!!!


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 7 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     22 June 2020

You disclose the entire facts of the case to give you the solution. Your problem is very much silent as to from whom you purchased the property and as to how many legal heirs are there?

Vendetta Vendetta   22 June 2020

Property is sold in a way:-
Some legal Heirs - Builder's Nephew - My Mother
We are not having search report of the property but i asked Builder about the matter he told us that there is a daughter of deceased coparcener who is claiming rights over the property and about to file a case against us.
According to Builder he has given money to claiming coparcener's nephew but she's denying that she hasn't received her share.
What should we do now? As we don't have NOC as well as Succession Certificate... & How to recover whole money if case is serious!!

P. Venu (Advocate)     22 June 2020

Yes, the posting is disjointed; you are mixing misconceived notions with less than convincing facts. Please post simple facts.

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Vendetta Vendetta   22 June 2020

Property is sold as
legal Heirs to Builder's Nephew in 2017
Builder's Nephew to My Mother in 2019
It's a intestate Property in which a Man who died without a will.
His class 1 Heirs sold the property to Builder's Nephew. But Daughter of deceased Man didn't signed on the sale deed and is claiming for that property accusing Builder for not giving her share but Builder told me that he already gave her share via Nephew of that woman.
Builder is challenging her to come along with her Nephew to take share of her.
Neither Nephew is coming nor Woman is ready to give NOC.
Except that woman all the legal Heirs signed on sale deed.
Woman is saying that she will take legal action against my family.
If she files a case then case will be on my family or Builder's Nephew to whom we bought Land.

Dr J C Vashista (Advocate)     23 June 2020

Originally posted by : Vendetta Vendetta
Property is sold in a way:-Some legal Heirs - Builder's Nephew - My MotherWe are not having search report of the property but i asked Builder about the matter he told us that there is a daughter of deceased coparcener who is claiming rights over the property and about to file a case against us. According to Builder he has given money to claiming coparcener's nephew but she's denying that she hasn't received her share. What should we do now? As we don't have NOC as well as Succession Certificate... & How to recover whole money if case is serious!!

You have paid consideration to builder who have executed sale documents in favour of your mother, is it so ?

Previous title (ownership) of property is stated to be disputed, is it so ?

Be clear in your mind as well as posting, what are the facts /document, which can not be opioned on the basis of presumptions and assumptions.

G.L.N. Prasad (Retired employee.)     23 June 2020

In case you are impleaded as defendant, just defend as innocent purchaser.  Your local advocate who may take up the case may guide you.  It may take minimum of 20 years Trial court, HC and SC etc.  Who knows they may come for compromise and pay you the market rate.  It is not that easy to win partition suits.  Keep possession and enjoy. 

P. Venu (Advocate)     23 June 2020

Yes, your mother has been an innocent purchaser. Whatever be the dispute, she has no concern and need not be concerned with it. Anxiety is quite unwarranted; you or your mother need not overburden themselves with the mistakes or mischiefs to which they have concern at all.


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