Claim on property by cousins & cousins' childern
A.K.Prasad
(Querist) 05 April 2012
This query is : Resolved
I bought a prooerty from the person in whose name say A & B the property legally belongsin 1998.Property is mutated in their name at anchal as well as municipal office.Even in a Municipal survey conducted during 1971-1972 property is in the name of same person on the basis of sale deed dated 5th December 1950.The property had been purchased jointly when A & B both were in their childhood year 1950.The fathers of A & B are two different persons who are own brothers.
Now the Sons & daughters from another (2nd)wife of One of the 2 brothers filed title Suit against the same.A part of the said property had been sold by A & B. They claim that this was a joint property.
Kindly indicate legality.
Deepak Nair
(Expert) 05 April 2012
From your query, it appears to be a joint property and the sale of the property without the consent of the other co-owners is illegal.
Please clarify and simplify your qury.
ajay sethi
(Expert) 05 April 2012
if property had been purcased in name of A and B in 1950 when both were minros and property has been standing in their name for over 60 years without any claim by any other claimants it would appear that they have good title .
you have purchased property in 1998 . whn was suit filed by the claimants?
you must have in agreement mentioned that A and B agree to indemnify yoiu against any claims in respect of the property .
it will hav eto be proved by claimants it was joint family property
Shonee Kapoor
(Expert) 05 April 2012
I disagree Ld. Sethi.
It seems the property was purchased from one of the person's either A or B.
In this case, the said sale is illegal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 05 April 2012
shonee
querist has stated that i bought a prooerty from the person in whose name say A & B the property legally belongsin 1998.
it would appear from said statement that property was standing in name of a and b .
detils mentioned are sketchy . in nay case as per indemnity clause he can recover from sellers .
Deepak Nair
(Expert) 05 April 2012
The querist need to clarify this query. because there is a mention of 2nd wife of either A or B and their children. Thus, the query is a bit confusing.
V R SHROFF
(Expert) 06 April 2012
MUST GO THRU ORIGINAL DOCUMENTS.
The period exceed 30 yrs / Time barred claim??? to check..
