Year validity to claim from son after sale more than 30 years
Narayan
(Querist) 14 August 2013
This query is : Resolved
Hi ,
my uncle has purchased a site in 1984(30 years ago). he constructed a house(loan also taken for this). till now he paid all the taxes, everything was smooth.
yesterday he received a notice from one person saying his father has sold site without his notice(means his son didnt sign the documents).
his father sold for third person and my uncle got from him in 1984.
not sure when his father sold for the third person.
please help me how to proceed with this.
is there anything in his favour?
my family is worried a lot, after 30 years this guy has sent notice saying he didnot sign.
Thanks & Regards,
Narayan.
appy050@gmail.com
Devajyoti Barman
(Expert) 14 August 2013
Now mere notice does not establish his right.
Ask your uncle to file a declaratory suit and for injunction so his peaceful possession may not be disturbed.
Your uncle seems to be bona fide purchaser without notice and his rights is for the tie being is protected.
Rajendra K Goyal
(Expert) 14 August 2013
Agree with the expert Devajyoti Barman ji. Nothing more to add.
Narayan
(Querist) 14 August 2013
Thank You very Much for the reply Devajyoti barman ji and Rajendra ji.
thanks again.
we gave ground floor for rent (from past 4 years. 2BHK - 5k). we are asking asking them to vacate the place from last one year but they one or the other reason.
now when we talked strictly to vacate, this person joined with that guy and sent this notice.
he send notice to ground floor person also stating not to pay any rent untill the clearence from court is done.
please guide us how can we make them vacate the place as first step. we are scared of these people.
please help us, we are based in Bangalore.
Thanks,
Narayan
Devajyoti Barman
(Expert) 14 August 2013
The tenant can not dispute your title in the property as he is barred by the rule of estoppel.
You can file suit for eviction of the tenant and for recovery of arrears rent.
This is nothing to do with the dispute of title which a third person has recently raised.
Narayan
(Querist) 14 August 2013
Thanks Devajyoti Sir for your valuable inputs.
i will update here the outcome from my uncle's case.
Thanks again.
Narayan
