Till howm many years daughters have rights on the property sold 15years back
AMMU
(Querist) 14 September 2010
This query is : Resolved
Hi sir,
I am planning to buy a flat in banaglore.
The land where the flat is built had total 4 transactions.
The 4th owner has given site for builder.
The 1st person who has sold the land has 3 daughters .
when transaction happened 15 yeras back daughter signatures where not there sons signature is there.
Can please let me knwo how much risk involved in buying the apartment.
R.Ramachandran
(Expert) 14 September 2010
Dear Ammu,
It all will depend upon on the nature of the property - whether it was ancestral or self-acquired. Unless the photocopies of the relevant documents are seen, and unless the possible claimants to the property are known, it will not be possible to comment upon.
Advocate Rajiv Mishra
(Expert) 14 September 2010
if such 1st person was absolute owner of the property i.e. self earned it is safe otherwise daughters can claim their shares untill three years from the dt. of knowledge of the transaction.
Devajyoti Barman
(Expert) 14 September 2010
Though the daughters could file a suit after coming to know the fraud , after so many years and so many persons intervening the title of the property their chances for success is negligible.
s.subramanian
(Expert) 14 September 2010
Yes. I agree with Mr.Barman. Their claim will be barred by limitation also.
AA RAMAKRISHNAN
(Expert) 15 September 2010
Dear Ammu Sree
If the property is ancestral for the first owner his son and daughters have right on the property by birth. If they are minors at the time of sale they can claim after attaining majority that too within three years of their knowledge. The concept of knowledge is a favouring condition to the daughters here even if you can prove otherwise.
Your risk is limited if you
1) find out the age of the daugthers at the time of transaction
2) if they were majors at the time of sale their inaction for 15 yrs. is a silent approval of the deal
3) if they were minors and attained majority recently you can ask the present builder to get an additional documents in the form of sale deed executed by them ratifying the earlier deal by their father.
4) if the property is self earned by their father you have no risk at all.
You will land in trouble when father, son and daughters collude with each other and file a suit against the present owner. Where the daughters will array his father and brother along with you as defendants and usually they will agree whatever the contentions of the petitioners put forth defeating whatever true facts you wanted to say. They even allege the father and son had bad vices and they utilised the money for their enjoyment. And the father and son will agree to that even in the open court and this will make you out of the court
