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Original owners children trying to claim right over property bought
09-Jan-2023 (In Property Law)
My dad purcahsed a land from the vendor in 1990, hosur.the vendor divided the land into 12 layout sites. 12 people purchased from the vendor and we r also one of them. The property belongs to vendor's deceased father. Now We buit a home for us and many rental houses upon the land many years ago. The vendor has 4 sons and 4 daughters. His first daughter eloped and got married so the vendor and his daughter was not talking during the time of registration. The vendor didn't mention his first daughter name in sales deed as in 1990 there was no rule that grandparents property goes to granddaughter. Remaining 4 sons and 3 daughters name mentioned and they were minors so didn't sign . we don't know the eloped daughter was major or minor during the registration. They got jealous on us Now the eloped first daughter trying to file a case only on us and not on the other 11 peoples who were all purchased.can they win??
Property obtained through partition will be the absolute property of your father. However all of his legal heirs will be entitled to a share of father property as the seed for construction would have come from joint family properties in which daughters are also entitled to share. So you will need to file a partition suit to claim that the property in question was sold to you by the Father of the daughter who is claiming the said property. Although this will also be governed by the principle of Constructive Notice of Transfer of Property which states that before buying a property one who is buying the property is required to see and investigate into the matter as to whether the property in question is disputed or not otherwise any objection on the sale if the property is disputed will be entertained as if you were already aware about the circumstances and the dispute over that property. Thus, in your case you can claim compensation from the vendor itself and ask him to settle the issue also, the daughter of the vendor can also be asked as to why is she claiming possession on your particular plot why not on others and she is also barred by doctrine of Reasonable time as reasonable time has passed within which she was entitled to claim her share over the property.
For further queries consult me or take an appointment.
For further queries consult me or take an appointment.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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