Children right over father property
saroja
(Querist) 26 July 2012
This query is : Resolved
Dear experts,
I would like to purchase a property which is originally granted to X (20 years back), later X relinquished the property in favour of his 2 sons namely A & B,subsequently A &B jointly sold the property to Y (in the year of 2010)
Now i would like to purchase the property from Y
Can legal heirs of A & B challenge the sale deed executed by their father (A & B) ?
Pls help,
Regards,
Saroja
saroja
(Querist) 27 July 2012
Sir,
Will you please explain in detail and i will be greatful if you quote certain suporting citation
Plssssssssss bcz i desperately need solution for this
Regards,
Saroja
prabhakar singh
(Expert) 27 July 2012
Look! You state property was originally owned
by x who had sons A&B.
since X during his life time transferred his property may be by relinquishment deed or by any mode of transfer whatsoever,be it sale or gift or relinquishment,if the deed is registered one,A & B became exclusive owner of the property and had right to transfer the same in favor of any body,hence transfer by them to Y is rightful legal transfer and Y has every right to transfer it to any one.
Had the property been left by X dying intestate to whom there were grand sons born through his sons in life time of X only then sons of A&B could claim as co parceners in the property left by grand father X along with their respective fathers A & B is so clear legal position
that hardly require any citation,nor would there be any one.
Indiakanoon is a cite visiting where you can search cases if you are not convinced by my opinion.
saroja
(Querist) 27 July 2012
Thanks a lot,Sir
prabhakar singh
(Expert) 27 July 2012
Its' all right Saroja!
You need to examine how X got the property.
Then is transfer by him to A & B is by a registered deed and sufficiently worded to make them absolute owner.
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Then to examine the sale deed by them in favor of Y from whom you are proposing to buy.
You must retain all these documents in original if you buy.
saroja
(Querist) 27 July 2012
Sorry disturbing you, once again
1. Property granted to X from govt(rep by Deputy commissioner)during the year 1978
2. Then during 1983 he relinqueshed his right in favour of A &B (children) by giving a request letter to Revenue authority , in turn revenue authority change the ownership in the name of A & B in revenue records
3. After completion of non alienation period (15 years)-A & B requested Dy commissioner to permission for alenation and same was granted
4. During 2010 A & B sold the property to Y
Now, i would like to buy property from Y
I hope, still your advice remained as same or will it change
Thanks & Regards,
Saroja
prabhakar singh
(Expert) 27 July 2012
Oh!nothing to worry about.
True your hope is as my advice remains the same.
A & B are owners from whom Y has bought and can sell to you.
Children of A&B have no right in this property.
Collect all documents serially as told by you in your last post.
