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Vaijnath   11 June 2023

Property issue

Hi, 

My father has purchased a piece of land on 2003 from the owner who was unmarried and don't have any legel heir. He was one sister but died in 2001 having no biological children. She was married to man but they were separated and never live together but they don't get through the legel sepratetion procedure , her husband  was re married to another person and they have three children who now climing the property.

The owner was died in 2006, after the death of original owner in 2010 Some illegal heir claiming the property based on some false allegations 

 

What would be the best way to get rid of this situation. The case is still pending from 2010 Without any conclusion.

 

That brings a lot of headque to my family.

 

 



Learning

 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     11 June 2023

As your father purchased the property in the year 2003, he is the sole owner of the property and no one claims it.   So file a declaration suit in court. Consult a local lawyer.

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

Since the case is pending before coiurt and also it is not known what case has been filed and who filed the case against whom and what was the relief sought by the plaintiff, moreover it is a decade old case, it would be proper to peruse the case related papers in order to render proper opinion, therefore you may return with the details of the case.

 

Vaijnath   13 June 2023

Opposite party claiming that the owner mental health was not good at the time of sell deed registered and fraudently my father was purchased land which is obviously false claim. But the problem is now both the buyer and seller are demised long back.

Sudhir Kumar, Advocate (Advocate)     14 June 2023

please clear the detals and leave nothing to the imagination of lawyers.

 

Who was childless?

who had one sister?

who died in 2001?

how many real/ adopted children did the person have at the time pof death?

who was remarried?

who are claimig the prioperty?

How are they related to your father?

whether any ancestral gains used in urchasing the property?

 

Vaijnath   14 June 2023

Who was childless? The seller 

who had one sister? The seller 

who died in 2001? The seller

how many real/ adopted children did the person have at the time pof death? If you are talking about seller, Then answer is no one. He was childless and her sister also demised a couple of years back.

 

who was remarried? Seller had one sister who was never live in relationship with her husband,  she was lived with her brother till death. Since  she was never staying with her husband, her husbund remarried to another woman and had three children which now claiming property.

who are claimig the prioperty? As above

How are they related to your father? They are not related to my father, my father has no connection with the seller family

whether any ancestral gains used in urchasing : sorry not understand,  but property was ancestral and sold by owner to my father. 

T. Kalaiselvan, Advocate (Advocate)     15 June 2023

Until the relevant case papers are seen, no proper opinion can be rendered in furtherance.

Vaijnath   19 June 2023

Ok, in that case sale deed cancelled only within span of 3 yrs from date of sale deed registered, correct?

Or is there any exception?

P. Venu (Advocate)     24 June 2023

Yes, no definite suggestion is possible unless the pleadings are perused and ddiscussed.


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