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replys   14 November 2015

Need expert advise

Hi,

My father bought a land property 17 yers ago from Person X , which had two minor children at that time. They are around 26 Yrs of age now.
A notice was sent by Person x's children that this is an ancestral property and partition is not yet done.

I this case will limitation acts applicable and is there any cause to worry?



Learning

 7 Replies


(Guest)

We should always be careful when buying agricultural land. Even government afteracqusition is challenged and at leasttwo tiems courts giveb escalation..

in 1/rd of cases, some ghost springs out from that land claiming to be a heir of ancenstral property and then negotiates unless you area bahubali like mayawati or some thakur.

Did you advertsie in popular new paper ciruclated in that area before buying,  about that land and your intention to buy/sell?

If it is ancenstral property , all the ghosts will come alive. A person can claim only when he comes to know. Basically it is mistake of seller and not buyer. But if sales is declared null and void then you are in trouble as seller would have swallowed money by now and you are not likely to get any thing back by civil suit unless he is well settled gentleman. Better to consult a local advocate speciallising in property/civil law. Exact nature of his claim is not nown here.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 November 2015

In agreement with the advise given above. Very practical and honest answer

replys   15 November 2015

Thank you very much for your response.

In this specific case , the claim was raised against a area where 30 houses are located. None of these plots are vacant and houses are built in these lands many years ago and applicable taxes are paid to the authorities.

The seller and family stay in the same locality as well. They have indirectly communicated to settele the claim out of court by paying a hefty sum for ear of these plots.


(Guest)

So my doubt came true.It does not matter seller stays in same premises. If it is ancestralproperty how he sold the land without going through procedures and how it was registered in his name?If seller is settling with claimant why you are worrying? Since there are so many buyers in land area you arenot likely to get much even if you file rcivery suit against him. So keep your fingures crossed andhopes seller settles with his relative lodging claim. Any way please hire a good lawyer as it is tricky prtoperty issue and it is always something beyond leagl framework. Every body wants to have a pound of flesh for himself .


(Guest)

While on this subject I would like to suggest all that dont touch a land belonging to a SC/ST person even by a pole's distance.It is very tricky isseu as any purchase by  a  non SC/ST buyer is ab intio null and void. And just forget about getting any money back from that seller. If you wrangel with him you may also land with charges under SC/ST cruelty act too. Unless scuh land is acquired by a development authority and then distributed to buyers just keep off.

 

 

 

Advocate Ravinder (Advocate/Attorney)     16 November 2015

Before answering your query kindly clarify the point below:--

1. What is the religion of X. i.e. Muslims, Hindus, Christians.

2. Is the property of X is ancestral or self acquired. 

3. Whether X is dead or alive.

4. How many sons and daughters are there to X. 

5. Is X wife is alive or dead.  

T. Kalaiselvan, Advocate (Advocate)     21 November 2015

Well advised by Mr. Rajendra Gupta, nothing more to add to his views on the subject.


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