Buyer right vs legal heir right
Aditya Mishra
(Querist) 25 July 2023
This query is : Resolved
Land was with A (mother) . B and C are son and daughter respectively. After A died, B sold land to X. Sale deed executed and Mutation completed. X sold it to Y and then Y sold it to Z.
After 10 years of initial sale (B to X) , C filed a suit of getting equal share from mother. What should be Z ‘s stand here ? Will Z have to carry the loss ?
Aditya Mishra
(Querist) 25 July 2023
Any thoughts from respected lawyers
kavksatyanarayana
(Expert) 25 July 2023
The daughter has equal rights with the son on the deceased mother's property. So she can file a case against his brother for her share.
Aditya Mishra
(Querist) 25 July 2023
Thanks for your reply . What should be Z ‘s stand here ? Any thoughts
T. Kalaiselvan, Advocate
(Expert) 26 July 2023
While filing the suit for partition, C will implead Z as necessary party to the suit.
Z has to take a stand about his innocence.
However the fault lies on Z for not obtaining proper legal opinion from an experienced lawyer before buying the property, hence he has to face the litigation.
The court will decide that the daughter has an equal share in the property.
