Property purchased is encroached by seller's brother
in 1956 one thippia had purchased a agricultural land of 4 acers and 28 guntas. after the death of Thippia, his son Hobppa had transferred (RR and IL) the documents in his name and formed a residential layout in 1994. layout plan was not approved. he started selling the property via GPA's and registered deeds stating that he was only the legal heir for his father.
my friend had purchased one of the site from the above said layout via registered Sale Deed Dated 26-08-1998 later in 2002 he paid Betterment charges for City corporation to regularize and obtained "A" Katha further to this he pledged the document in Co-operative Bank and got mortgage loan.
He was suffering Financial Problem so we helped him in clearing loan and purchased the property on 30-07-2004 thinking that all the documents were proper as it was under the bank custody and got khatha transferred in our name and paying taxes up to date.
suddenly in September 2007 one property developer came and put the board stating that they are putting up residential apartment in that property including our property. we were shocked and when checked we came to know the flowing issues.
Thippia had 8 children and Hobppa was the 5th Son.
On 14-08-1998 the other family members of Hobappa had approached the Hon’ble City Civil Court for partition and separate Possession but the court ordered partially in the favor of the other family members in the year 2002
Family members were not satisfied with the Court orders approached Hon’ble High court and files RFA in 2002, on 05-10-2004, RFA was accepted and Hon’ble High court of Karnataka ordered to give equal share to all the sibilings (ie 1/8th share to each).
Hobappa was not pleased so he files SLP (civil) in Hon’ble Supreme Court of India in 2004. In the mean process all the family members collided in the year 2006 and filed affidavit as they have settled the matter outside the Court. Following this Supreme Court was pleased to pass the following Order “The parties have settled the matter outside the court. Affidavit is taken on record. As prayed, the SLP is dismissed as withdrawn in the view of settlement”.
Following the family members preferred FDP before the Hon’ble City Civil Court on 20-02-2006, during the pendency of proceedings Hobppa and other family members decided to settle the matters by way of comprise and there by proceeding entered in to a deed of partition in the office of Sub register Bangalore North Taluk. In view of said settlement memo was filed to withdraw the FDP as settled outside the court. In the view of Memo the Hon’ble Court dismissed the FDP as settled outside the court on 28-06-2006.
Further to this one of the family members had joined his hands for Joint venture for developing a residential apartment in the property share he had obtained.
Unluckly our above said property was within his limits.
Immediately we approached the Hon’ble City Civil court and filed a suit against the Property Developer and Hobappa in September 2007 and Hon’ble Court was pleased to grant Status Que of the Suit property. All the developers activities were stopped later the Joint venture was dropped.
In October 2010 the Hon’ble City Civil Court was pleased to pass the degree in favor on us.
Based on the decree we planned to construct house in March 2011, and learned that the above said family member had obtained DC conversion for his portion and formed a new layout plan by re assigning the new nos and had sold our property in 3 different parts to 3 different influential.
Realizing this we again filed a new Suit in Front of Hon’ble City Civil court on March 2011 against the 3 new persons who have purchased the parts of our property and the family member along with Hobappa. The Hon’ble court was please to grant us with Temporary Injunction.
In regards to the above please help me out with your valuable suggestions as day to day I am getting tensed with the proceedings as a innocent spectator.
Asked 3 years ago in Property Law from Bangalore, Karnataka
. it appears that suit has been decided in your favour by city civil court but your plans for construction of houses has not materalised on account of obstacles created by a family member .who has sold your property to 3 different persons . injunction has been granted in your favour . wait for suit to be disposed of finally
. you must have engaged a local lawyer . the litigation has had a chequered history . without going through the case papers of various legal proceedings filed in city civil court ,high court , supreme court we cannot advice further
Your case has gone right up to the highest court in the country whereat it was disposed of in view of a compromise being recorded. Without perusing the voluminous documents related to your case we cannot say anything. Your lawyer is best placed to answer your queries.
The suit filed by you on March 2011 has resulted in a favourable order being issued for time being in your favour. In such a scenario it would be wise for you to wait till the decision of the suit.
Dear sir, thanks for your reply, i have some questions on this regard in continuation to the question asked earlier please suggest me with the following when the FDP was it not necessary for considering all the people who have purchased the property for one of the brother. and also the FDP was settled outside the court will it bind on us
Asked 3 years ago
we have already advised you that it is necessary to see the case papers . without going through voluminous documents it is not possible to advice .
As already advised you should consult a lawyer personally as forming a legal opinion requires a threadbare perusal of every document presented before the City Civil court, High court and Supreme Court.
I agree that without having a detail verification of documents nobody can assure.
But I just wanted to know in general if you have come across similar type of suit and its judgement. Which helps me to determine answers for my self and also discuss the same with my advocate. Iam worried of myself involved more and always thinking about the same and spoiling my health
Asked 3 years ago
in such a case if you are worried you can take second opinion from any lawyer in your city on payment of his consultation charges . you are in Bangalore number of experts from this site are from Bangalore . contact any of them .
To quench your anxieties you should meet a lawyer personally and obtain his legal opinion after showing him all the relevant documents.