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Can we sell land if a person is claiming to be its ancestral property
18-Jul-2023 (In Property Law)
Dear Sir, We have acquired a land of 2 acres in the year 2014... Now we want to sell the land, but could not sell as last month we received a court notice from the previous Seller son regarding that this is there ancestral property and it was been sell without there consent... Till now no person claimed to the property, But the son of previous seller of land has send us a legal court notice... Your view and guidance in the following matter will be highly appreciated... Thanks & Regards.
HI,
you acquired the land with out verifying the flow of title of your previous seller. if it is ancestral property under section 6 of
Hindu succession act his son consent is required. the property which you acquired is undivided property of father and son.
if your seller concealed all these facts before the sale you can take action against him. but in your case it is your duty to verify the property. one legal maxim which is against you i.e. caveat emptor ( let the buyer beware).
if your seller cheated you and you can prove your bonafide ness in the court of law by way of producing evidence, in those circumstances your interest will be protected by the court.
you acquired the land with out verifying the flow of title of your previous seller. if it is ancestral property under section 6 of
Hindu succession act his son consent is required. the property which you acquired is undivided property of father and son.
if your seller concealed all these facts before the sale you can take action against him. but in your case it is your duty to verify the property. one legal maxim which is against you i.e. caveat emptor ( let the buyer beware).
if your seller cheated you and you can prove your bonafide ness in the court of law by way of producing evidence, in those circumstances your interest will be protected by the court.
Helpful?
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Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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Hi
These notices, suits are only pressuring tactics. You should submit your counter to the court asking the seller son to contact his father and get his share of money as it is the father who sold the money and you are indemnified(please refer to indemnification clause in sale deed) by the father.
Also file a criminal complaint of cheating against both the father and son. that way they will be forced to withdraw the civil suit.
hope this helps
These notices, suits are only pressuring tactics. You should submit your counter to the court asking the seller son to contact his father and get his share of money as it is the father who sold the money and you are indemnified(please refer to indemnification clause in sale deed) by the father.
Also file a criminal complaint of cheating against both the father and son. that way they will be forced to withdraw the civil suit.
hope this helps
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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what is the source from which you acquired the property. What is the contention of sellers son in the notice. legal notice and legal court notice are different terms. We need to understand the same. If the property rights of the previous seller are defective than you cannot have a proper title. As such u have remedy for refund of sale consideration.
Helpful?
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