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Clarification on purchase of ancestral property
19-Mar-2023 (In Property Law)
Mr. Popat sold 62.50 sqm (out of 125 sqm) Ansestral property to one of his son Mr. David in Feb 2015 and I have purchased it from David in Jul 2017. My name is also recorded to Land record office. Mr Popat also made registered Will on the name of his 6 married daughter's far same property. Now, David's sister's want back this 62.50 sqm land and threatening me. Please guide me I am safe or not. Kindly use simple English wording. Ownership details: R- Owner till 1975-Grandfather P-owner till 2015-Father D-owner till 2017-Seller N-present owner (myself)
Hi. Since it's an ancestral property, Mr Popat could not have sold 62.5 sq.mtr of plot to his son without consent of all other holders. So this sale is actually invalid in law. Now since Mr Popat could not sell to his son David, what David sold to you also becomes invalid. However if at the time of sale you did not have notice about the property being an ancestral property and have paid proper value for the plot then you become a bonafide purchaser without notice. If you did have knowledge that the property is an ancestral property then the sale in your favour by David is not protected. I assume you just relied on the sale in favour of David and bought the plot. You should have done proper due diligence before buying. So in case if this dispute is taken to court then you can protect your title to the plot by saying that you are a bonafide purchaser for value without notice and you carried out proper due diligence before buying the plot. That onus will be on you. Now coming to the next point that Mr Popat had willed away the bigger plot in the name of his 6 daughters, that again could not be done since the property is an ancestral property and Mr Popat can only Will his undivided share in the plot and not the entire plot. So you can easily defend the claim made by David's sister. Thanx.
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