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Can brother claim share in family property
24-Sep-2023 (In Property Law)
I am looking to buy a commercial plot.Current landowner brought this land from Thomas in 2000. The previous owner Thomas inherited this from his father but on the transfer papper there was clause that he has to give portion of this land to his brother in case of any legal dispute on their mother's land. this transfer happened in 1960 and we do not have any information what happened with partition of their mother's property. Then Thomas sold the land to current owner and seems there wasnt any dispute till now. But I am bit confused if any sons of Thomas's brothers (owner in 1960) can raise a claim in court now after 50 years now.
They may question the legal entity of the property. So before buying the plot ask the vendor to get the AFFIDAVIT from the brother of Thomas that he does not have the title on the property as per the document.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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If the brother of said Thomas is alive, it is advisable to obtain an NOC from him. If that is difficult to obtain, you may obtain encumbrance certificate regarding the property from 1960 onwards till date so that you will get to know if any cases/attachments with respect to the property. If the property details of their mother is available, better take encumbrance certificate for that property also to see the settlement of that property. If that was done long back, there will not be any chance for disputes in future and you can go ahead with the purchase. Still it is advisable to show the title deed and other related documents to a lawyer and then proceed.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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From the facts stated, it is safe to invest in the property. The condition appears to be strange and hardly enforceable in Law. Even other wise, the issue time barred and beyond the Law of Limitation. Even otherwise the claim is enforceable against Thomas and his estate and not against innocent third party.
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Adv. P Venu
Vaikom | 500+ Answers
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