Apni Law Staff asked 1 year ago
Babaji Chavan passed away in March 1998. His property was transferred to his brother in December 1998 based on a nomination. Later, his wife inherited the property in 2004 after the brother’s death. In February 2007, the property was sold to a third party with stamp duty paid. However, a dispute arose in April 2007, and a lawsuit was filed in March 2011 by Babaji’s legal heirs. The third party was added to the lawsuit in May 2010. Could Babaji’s legal heirs receive relief from the court? What are the options available to the third party in this situation?
Best Answer
Apni Law Staff answered 1 year ago
Under Indian law, a nomination is valid only for movable property and not for immovable property like land. Babaji’s wife’s inheritance in 2004 was likely valid, as it likely occurred through succession laws. The third party may face legal challenges due to the potentially invalid transfer in 1998 and the dispute arising before the sale in 2007. The third party may have options like defending the sale based on the legal inheritance and the lack of notice of the dispute at the time of purchase.
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