Need advice regarding land dispute
19-Jun-2023 (In Civil Law)
Hello Sir , We have purchased a land from a lady[property is on her name] in year 2007,she deceased after 5 years of purchase. Her son has signed in registration documents as witness. son is deceased now. we were told , as her heirs has distributed the properties among them selfies , so we have not approached her daughter for NOC. Now[2017] her daughter has sent notice to MRO for not issuing passbook for the registered land and she is calming that as we have created false documents against the property. Could you please provide your valuable inputs in complexity of the case. My mother name is listed as owner as per govt records.
Hi Sir,
File a civil suit for declaration of right, title, interest of property and permanent injunction against the lady in the jurisdictional civil court. Further, wait and see how the MRO responds to the notice of the lady. However, in the meanwhile, you can also meet the MRO and explain your version and see what happens. If the lady files any criminal case against you for cheating or for falsifying of documents, fight the case on merits.
File a civil suit for declaration of right, title, interest of property and permanent injunction against the lady in the jurisdictional civil court. Further, wait and see how the MRO responds to the notice of the lady. However, in the meanwhile, you can also meet the MRO and explain your version and see what happens. If the lady files any criminal case against you for cheating or for falsifying of documents, fight the case on merits.
Hello, dont worry, just clarify one thing that whether the property situated in the name of her daughter also ? if not, you no need to worry, NOC is not required from her daughter. To get clear clarification it is better to come to the office
HI
Since the property was in the lady's name it is her absolute property and no children/husband will have any share in the property.
Irrespective of religion(hindu/christian/muslim) any property in the name of the women is their absolute property and they are free to sell/gift/donate the property on their own accord.
Daughter's/Son's/Husband's No objection certificate is NOT required in any circumstances for the lady to sell/ gift/donate the property to any person on earth.
Also since the lady had executed the sale deed in the year 2007, law of limitation will apply. If at all the daughter wanted to challenge the sale deed executed by her mother she should have challenged it in the year 2010.
Now that there was no challenge in the year 2010 and that the lady has died, then the whole property rightly belongs to you and as such you can enjoy the property fully irrespective of any claims by the children.
Since the property was in the lady's name it is her absolute property and no children/husband will have any share in the property.
Irrespective of religion(hindu/christian/muslim) any property in the name of the women is their absolute property and they are free to sell/gift/donate the property on their own accord.
Daughter's/Son's/Husband's No objection certificate is NOT required in any circumstances for the lady to sell/ gift/donate the property to any person on earth.
Also since the lady had executed the sale deed in the year 2007, law of limitation will apply. If at all the daughter wanted to challenge the sale deed executed by her mother she should have challenged it in the year 2010.
Now that there was no challenge in the year 2010 and that the lady has died, then the whole property rightly belongs to you and as such you can enjoy the property fully irrespective of any claims by the children.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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