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Clarification on ancestral property
01-Apr-2023 (In Property Law)
FATHER (A) SELLER SOLD ANCESTRAL PROPERTY TO BUYER (B) AT THE TIME OF SALE DEED BUYER (B) PAID CONSIDERATION TO ALL MINORS SONS AND FAMILY MEMBERS EXCEPT THE MARRIED DAUGHTER ABOUT WHOM TO SELLER A(FATHER) LIED OR DID NOT DISCLOSE ,AFTER 4 YEARS BUYER (B) SOLD THE LAND TO BUYER (C) NOW AFTER 1 YEAR OF BUYER (C) PURCHASE ,THE MARRIED DAUGHTER OF SELLER (A) FATHER IS CLAIMING THE LAND ON BUYER (C) WHAT IS PROTECTION OF BUYER (C) AGAINST THIS CLAIM ENTIRE AMOUNT WAS PAID BY BUYER (B) TO SUCCSSORS WHO WHERE DISCLOSED AT THE TIME OF PURCHASE BUT SINCE MARRIED DAUGHTER WAS NOT DISCLOSED HE DIDNT PAY HOW CAN BUYER (C) PROTECT HIMSELF AGAINST THE CLAIM PLEASE ADVISE AND ITS ALMOST AFTER 5 YEARS THE CLAIM IS BY BEING MADE
If the Father (A) has initiated the said transfer before December 20, 2004 then, the daughter is not entitled to claim her share in the ancestral property also, if the daughter is given money equal to the market value of her share in the property, then you can protect yourself from any proceedings. However, What are the Rights of a Transferee in such a Transaction
Basically this section deals with the rights of a transferee and also safeguards their rights. The transferee steps into the shoes of his transferor ie the co-owner, and is clothed with all the rights and becomes subject to all the liabilities of his transferor. In short, we can say that he becomes as much a co-owner as his transferor was before the transfer. Following are his rights after the transfer-
Right to joint possession
Every joint owner or co-owner of property has a proprietary right in the whole estate. After the transfer, the transferee becomes the co-owner and gets all his rights. He also has the right to joint possession in property except a dwelling house. If a co-owner or his transferee is ousted from joint possession, he is entitled to joint possession by a suit, and is not necessary forced to sue for partition. A co-sharer can sue for possession either for the benefit of the entire body of co-sharers or for the partition and possession of the plaintiffs share.
Right to peaceful possession
If instead of remaining in exclusive possession of his separate plot, the co-owner transfers it, his transferee cannot be disturbed by the other co-owners until and unless a final partition takes place. It was also held that where a tenant of a land who derives his title from all co-owners cannot be disturbed by one co-owner without the consent of all. But where the co-owners are enjoying the common property in separate plots for the sake of convenience, the court will not decree to one co-owner joint possession of the portion in the actual cultivation of the other.
Basically this section deals with the rights of a transferee and also safeguards their rights. The transferee steps into the shoes of his transferor ie the co-owner, and is clothed with all the rights and becomes subject to all the liabilities of his transferor. In short, we can say that he becomes as much a co-owner as his transferor was before the transfer. Following are his rights after the transfer-
Right to joint possession
Every joint owner or co-owner of property has a proprietary right in the whole estate. After the transfer, the transferee becomes the co-owner and gets all his rights. He also has the right to joint possession in property except a dwelling house. If a co-owner or his transferee is ousted from joint possession, he is entitled to joint possession by a suit, and is not necessary forced to sue for partition. A co-sharer can sue for possession either for the benefit of the entire body of co-sharers or for the partition and possession of the plaintiffs share.
Right to peaceful possession
If instead of remaining in exclusive possession of his separate plot, the co-owner transfers it, his transferee cannot be disturbed by the other co-owners until and unless a final partition takes place. It was also held that where a tenant of a land who derives his title from all co-owners cannot be disturbed by one co-owner without the consent of all. But where the co-owners are enjoying the common property in separate plots for the sake of convenience, the court will not decree to one co-owner joint possession of the portion in the actual cultivation of the other.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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