Property sold long ago , can we get value
Ayan
(Querist) 01 March 2022
This query is : Resolved
A person has 6 child , 1 son and 5 girl.This person died in 1970 without a will.
Son of his child made a false Warison certificate that , he is only waris of the person.
Made a sale of 20 Bigha land in 1994 stating , he is the only waris of the person
and hide it from 5 girl.The Buyer sale that land to another buyer.
Girls and their husband came to know it in 2020 , that the land was sold when
the construction was started.Now girls and his husband and
son daughter want their part (either land or price).
My question is that
1) As it is too long , can girl and their husband want to back their property or
market value ?
2)Is there any law that , sale has been too long it can not be claim.
3)At least we can get property value , is it possible ?
Advocate Bhartesh goyal
(Expert) 01 March 2022
Daughters have to file partition suit against their brother for the property left behind by their father intestate and claim their share also have to implied buyer as party to suit.Besides this they have to lodge FIR against their brother for fabrication of document and cheating u/sec 467,468,471 and 420 of IPC.
Sri Vijayan.A
(Expert) 01 March 2022
In 1970, daughters may not inherit property.
The property sold a long back, now their claim may not sustain.
Dr J C Vashista
(Expert) 02 March 2022
Father is stated to have died in 1970 and part of property sold in 1994, how come daughters of deceased did not come to know during elapsed period of 28 years.
The part of property stated to have been sold cannot be cancelled / restored to vendor (seller) or his sibling at this stage.
Consult a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding for claiming share of daughters from the property left by deceased.
kavksatyanarayana
(Expert) 02 March 2022
Agreed with the advice of learned expert Dr.J.C.Vashista.
P. Venu
(Expert) 18 April 2022
The sale of property belonging to the daughters is invalid. However, their claim, primarily. lies against the brother and his estate. The purchasers too are liable unless they could prove themselves to be innocent third parties.
