Legal Question in Civil Litigation in India

Sir I am Suresh , I have a problem in selling my property.

This property was originally owned by my mother-in-law

They had 52 feet x 153 feet area which has 52 feet facing towards

road and 153 feet long backside.

Mother-in-law had 3 sons and 3 daughters (younger one is my wife)

After my Mother-in-law passed away my Father-in-law divided the area for

his heirs like this.

First portion upto 60 feet out of 153 feet long from road facing goes to three sons.

Second portion from 61'st feet to 153 feet long at backside goes to three daughters.

First portion was divided equaly for three sons 16 x 60 pieces with 4 feet way to pass through to second portion.

Second portion was divided equaly for three daughters 17.3 x 93 pieces.

My Father-in-law passed away by telling orally about this portion division between his 6 lagal heirs.

All 6 heirs agreed and started to enjoy thier portion.

First son sold his piece 16 x 60 to me which is registered like he have sold out his portion to me.

Second son built house in his 16 x 60 piece.

Third son sold his 16 x 60 piece to a X person which is registered and that X person built house on it.

First daughter sold her 17.3 x 93 feet piece to my wife and it is registered . All the heirs (sons and daughters)

have signed witness for this sale.

So now i Have my wife's portion of 17.3 x 93 piece and purchased 17.3 x 93 piece and 16 x 60 peice (totaly

three pieces)

Second Dauther have center piece 17.3 x 93 and willing to sell.

I and my wife and second daughter prepared to sell our peices to a single person and got signed in pre-sale agreement.

Now the three sons are claiming that they wont allow us to sell and they need all the area share divided

equally. That is they need 16 x 75 feet as their portion each. They need 15 feet in our land.

The first daughter who sold her portion to me is asking her portion back telling that she would give

sale amount with interest. Failing to give will end up with a suit telling that i have threatened her

and got it registered to my wife. Her daughter tells that she has right to claim grandma property. This portion

is sold and already registered on my wife's name. But they claim like this because the amount of the land piece

have increased.

Since we have such issues the person who has agreed to buy is demanding signature from all the legal heirs and

their major sons and daughters.

My questions are

1. Is there any law the grandma property belongs to grand daughter? Did she have any right on it ? First

daughter(her mother) is alive.

2. Can First daughter lie that i have threatened her and got her portion registered and claim on it.

3. We have documents mentioning the length of all three son's portion as 16 x 60. (one document on sale

to X person by third son, other document on sale of first son portion to me). Do they have right to claim

another 15 feet each now ?

4. Can i force the buyer to buy the land without other legal heirs signature because their claims are

totaly fraud?


Asked on 11/02/09, 5:17 am

1 Answer from Attorneys
Seshadri Srinivasan www.lawconcern.com

As the property is self acquired, there is no question of grand daughter getting a share.

You can definitely force the buyer to buy the property as he/.she ought to have known the property while paying earnest money.

Issue legal notice and then file a suit if needed ( Suit may not be needed). Contact me with copy of the agreement signed with buyer and title deed photo copy.

My email: [email protected]

Read more
Answered on 11/02/09, 7:50 am


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