narinder pal kaur (PRO) 10 June 2010

sale deed

hi all.

now its about the validity of any sale deed.i want to know the rights of the purchaser.

the detailed story is as below!!!!!!!!

we bought some land from our relative in years 2005, 2009,2010. through sale deeds.these are registered in my brother's name, my name, and my mother's name respectively.

now the land which my brother has bought includes some ancestral land of our relative....

things have suddenly taken a dirty turn.... daughter of tha person has filed a civil suite on her father and all the purchasers to get her share...

please answer the following queries:-

1. what is our(the purchasers' status) in the case.... are we a weak party..or can we fight for our right

2. any how if court orders father to give her share..will that be from our purchased property or she ll be compensated from the other land holding he has

note:- our relative is a sick man and he has expenses of his own...he lives alone.... and his daughter doesnot take care of him...

is there any law binding on the daughter to provide him social security and take care of his expenses(medicines and other)

Reply Follow

2 Replies

Waseem (Junior advocate) 10 June 2010

hi. mr kaur u dont need to be worried as ur right to the land ill not be affected. that girl will definitely be entitled for her share from sale amount that man has received in respect of sale of that land.yes u can fight for ur right as u have been genuine purchaser of the sale land and if u were not aware of such ancestral facts of the case.

again ur relative is eligible to recieve maintenance from her daughter. under sec4(1) on "maintenance and welfare of parents and senior citizens act" like son daughter even if she is married is liable to take care and pay maintenance to her parents. and u can file a case at the magistrate court where ur relatives daughter lives under sec 125 of Cr.PC.

1 Like

Kuljit Pal Singh (Legal Professional) 10 June 2010

Dear Friend,

Yes, even maried daughters do have share in the Ancestral Property, But again the defence can be taken that your relative has expended the same share in the wedding of the daughter, legally speaking u can take defence of oral or implied partition taken place of the property.

Regards