Ownership based on agreement of sale
4 months ago
Myself and my sister owned 50 percent of ownership in a land of 5 acres and the other 50 percent was with my maternal uncle’s wife. The land is not demarcated. Upon the death of my maternal uncle’s wife, myself and my sister were the legal heirs as per Hindu Law and the other 50 percent share was also transferred to us. We are the legal owners of the land presently and the same is reflected in the RTC as well.
We have suddenly received a legal notice from a third party claiming that there was an agreement of sale entered between the third party and my maternal uncle’s wife in 2020 for selling her 50 percent share of the land at a cheap consideration to them. Since she has passed away now, the notice informs that we (myself and my sister who are now the legal owners of the subject 50 percent share of the land) are obligated to fulfill the terms of the agreement of sale (we don’t have a copy of the agreement even) and that we have to execute a sale deed in favor of the third party at the mentioned consideration failing which civil and criminal suit shall be initiated against us.
I would like to know what legal course of action should be taken in this scenario by us. Thanks in advance
From the contents of the query, it is not clear when your maternal uncle’s wife expired and the date of transfer of her property in your favour. Both dates are very crucial to challenge the veracity of the Agreement to Sell and nullify the claim of the third party before the Court. In the given situation, you need to file a civil suit in the court having jurisdiction over the area where the property is located for "declaration of title and restoration of possession". Meaning, a declaration by the civil court that you are the lawful owner of the property and for possession of the property. Additionally, you need to file a criminal suit against the third party under Sec.464 of IPC for making false documents. Article 65 of the Limitation Act, 1963 provides a time limit of 12 years for a suit for possession of immovable property or any other interest on the grounds of title and that term shall begin from the point at which the possession of the defendant becomes adverse to the Plaintiff. So, if the claim for possession is not filed within the prescribed limitation period, then the right of the owner based on title or possession shall be extinguished and the person who has possession of the immovable property shall become the owner of the property. In case your maternal uncle’s wife executed an agreement to sell more than 12 years ago, the right of claim of the third party over the property based on an Agreement to Sell is not maintainable now being barred by limitation. Reach out to an Advocate for guidance and steps.
In this situation, it is crucial to consult with a legal professional to address the legal notice effectively. Firstly, gather all relevant documents, including the RTC and any records proving your ownership. Secondly, if you don't have a copy of the alleged agreement of sale, request the third party to provide a copy for verification. Depending on the contents of the agreement, you may evaluate its legitimacy. If the claim seems unfounded, you may respond to the legal notice through your lawyer, denying any obligation to fulfill the terms of the agreement due to lack of evidence or authenticity. If necessary, your lawyer can explore legal options, such as filing a suit for a declaration of title and possession to establish your rightful ownership. Always seek professional legal advice to navigate this situation appropriately.
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