Plaint under Order VII Rule 1 & 2 of Code of Civil Procedure 1908
I have a sale deed which was done by my father and the legal heirs of the property. The actual owner of the property before 2004 was the old lady who passed away in 2004.
So we had bought the property in 2004 from the legal heir.The Legal heirs are 2 brother of which one has passed away 2 years back and the other is alcoholic. The owner of the property was an old lady who is the mother of these 2 brothers.
Now the daughter of one of the legal who is actually the granddaughter of the actual owner has sent a 'plaint under order vii rule 1 & 2 of code of civil procedure 1908' notice.
I am not sure how this will apply as we have the sale deed and the house was bought on loan from one of the banks that sanctioned the loan.
Now not sure after close to 11 years, they have filed this.
We have all the documents for the same.
Asked 1 year ago in Property Law from Bangalore, Karnataka
1) since your father had bought property from legal heirs of owner by registered sale deed your father was absolute owner of the property
2) your father had also obtained bank loan for purchase of property .
3) bank wont sanction loan unless title is clear and marketable .
4) if daughter of legal heir is now claiming share in property you have to fight case on merits .
5) the contents of notice have to be perused to advice further . contact a local lawyer and based on his advice reply to notice received from daughter
1. From your query it is not clear how is the lady seeking right over the property.
2. Since the property is completed by way of registered sale deed and has been in your absolute possession then the lady shall have to establish her right over this.
3. Now engage a lawyer and contest the suit on merit which is in your favour.
Grand daughter have no right over the property if her father sold during his life time, the property will be treated as self acquired property of her father, it is not an ancestral property. So, you should hold the possession and contest the suit.
Hi, you have a get the legal opinion from the advocate before purchasing the property and after careful scrutiny of the title only you have to purchase the property.
(2) Here without going to the title deed it is very difficult to give proper opinion about the title and you have received the summons from the court and you have to engage the advocate and contest the case on merits other wise you have no option.
1. it seems from your description that you have got a court notice of instituting a civil suit.
2. Appoint an advocate too appear in the court and do take the necessary steps to file the reply in your defense.
3. The person who send you the court notice must have been a minor at the time of the sale and wants to make claims now. Anyway without seeing the content of the plaint it is difficult to advise what defense should be taken.
4. It is possible that the existence of a minor as a legal heir was not brought to the notice of the bank , hence they did not make any objection.it is mandatory that court permission is needed to sell a property where minor has share or a legal heir, if not the minor can claim it when they attain majority
5. Whatever the genuine facts of your case it has to be brought and submitted before the court if a case is instituted against you
Dear Ms. Matthew,
Thanks for the reply. I will consult a lawyer for the same.
Few details in this notice received is the genealogical tree - Grandmother(Deceased) - Son - Grandaughter(19yrs now). Does Genealogy tree suffice as a legal heir for the property?
The Granmother - had 2 sons- who have a grandaughter and Grandson. They have 2 properties adjacent to each other- 1 sold to my father and the other they are staying now.
So the Plantiff(Grandaughter) says that their family is trying to alienate the suit scheduled property. And says that the Sale deed executed by my dad and the seller is not binding on plantiff's share of suit scheduled property.
Hence they are requesting the court to pass an order of permanent injunction restraining the Defendant No 1 to 4 fro alienating the suit schedule properties and or changing the nature and structure of the suit schedule property.
So i was wondering how a government registered sale deed can be revoked or have such implications?
John Nelson Paul.
Asked 1 year ago
1)issue that would arise is whether it is self acquired or ancestral property of grand mother .
2) if it is self acquired property of grand mother on her demise her 2 sons would be absolute owner of property as legal heirs .
3) grand daughter would have no share in said property during her parents lifetime
4) if property is ancestral aand grand daughter was minor at time of sale permission of court is necessary for sale of property .
5)it appears grand daughter claim is based on fact that it is ancestral property .
6) you have to engage a local lawyer file your written statement and affidavit in reply to notice of motion .
7) oppose grant of ad interim reliefs
1. Your father assumed the absolute ownership of the property after the sale deed was registered in his favour.
2. It is not clear from your query as to whether the property was divided at the time of its purchase.
3. If the property was ancestral and partition thereof had not taken place it ought to have been partitioned.
4. If the grand mother was the original owner of the property then after her demise her legal heirs succeeded to the property. During the life time of the sons of the original owner the grand daughter had no share in the property.
5. That the property in question is ancestral is not the only ground on which the grand daughter can stand on her legs in the court and impeach the sale. If a will was made by the original owner during her life time whereby and whereunder some rights were given to the grand daughter the latter can challenge the sale made to your father.
1. The court must have fixed a date for hearing the case.
2. Engage a lawyer to oppose the case of the plaintiff.
3. The court has to decide whether the property is ancestral or not and whether the grand daughter has an actionable claim against you. The share of minor could not have been sold without court orders. If it has been sold without court orders then the grand daughter can successfully challenge the sale to your father.
First of all we will have to examine whether the property was self acquired property or ancestral property. If the property was ancestral property then the partition ought to have taken. However if it is self acquired property of grand mother on her demise her 2 sons would be absolute owner of property as legal heirs and granddaughter will not have share in the property. Usually the property is taken on loan, so bank can never sanction the loan unless the property is clear. We will have to examine the plaint to advise or give you appropriate legal solution. We suggest that you engage the local lawyer and oppose the pleadings of plaintiff.
Advocate, New Delhi
The grand daughter filed a case ,so you or your legal counsel have to appear before the court on hearing day .Contest the case with the help of a lawyer.
If the grand mother was the original owner of the property then after her demise her legal heirs (Two sons) succeeded to the property. During the life time of the sons of the original owner the grand daughter had no share in the property. So try to defend the case on merits
The claim of the plaintiff can be maintainable only if she is in the fourth generation as the ancestral property means a property inherited before 4 generations. In this case it should have been inherited by the grandmother from her parents.
If the property was self acquired by grandmother or her husband it is not ancestral property as per Hindu succession law. Hence her claim is not maintainable.
The genealogy. Mentioned is not sufficient to prove right in ancestral property if it was self acquired property. Hence the claim not maintainable.
The above defense are to be taken on th base of the facts and your advocate will do th needful
The property has been already alienated by executing sale deed.
Now th court will have to decide it on merit of the case whether the sale is valid.
Since both sons/legal heirs then were alive at the time of sale,so the question of their legal heirs and minor heir doesn't arise.
The sale deed is executed before the registrar and it is based on th facts parties submitted. The registration is valid as it fulfilled the requirement but the title is the question and it has to be decided by the court. If the court decides the right in th share the minor was alienated it will pass the order to invalidate the sale and cancel the registration.
The seller can be sued for your loss and compensate th minor for her share if court conclude so.
The need of the hour is to defend and safeguard your right.
1. Order 7 Rule 1 & 2 refers to 'Particulars to be contained in suit" & " Particulars to be contained in plaint",
2. The notice is required to be seen for understanding the mater,
3. Has any copy of application been sent alongwith the said notice?
4. Since the property has already been registered before around 141 years, it is unlikely that there is much merit in the case,
5. The copy of the plaint is required to be seen to advise properly.
1. If the said property is not an ancestral property, the grand daughters can not claim share on it during the lifetime of their father,
2. If it is an ancestral property, then the said grand daughters have no claim on it.