• Purchased property is OS by their son

Hi Sir
We have purchased a property in 1997 from father and now their sons have filed a OPen Suite in civil court in 2013.
Can I please know the formalities for the same with references to laws.
Asked 3 years ago in Property Law from Bengaluru, Karnataka
1. Did you conduct due dilligence in connection with the said property you had purchased in the year 1997?

2. Was the said property ancestral property or the father was the  absolute owner of the property you had purchased,

3. What has been the claim or allegation of the suitors as mentioned in the plaint of the suit filed by them?

4. has the property been mutated by you,

5. However, contest the suit by filing affidavit in opposition on the appropriate date,

6. Engage a local lawyer having expertise in this field for the purpose.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

1) you have not mentioned the detailed facts of the case . 

2) did you do due diligence before purchase of property? 

3) was itt self acquired property of seller or ancestral property? 

4) were the sons minor at time sale?

5) what are the reliefs claimed in the suit . ?

6) if it was  self acquired of father then sons would not have any share in property

7) only if it was ancestral property then minor sons could claim share in property . 

8) you have to contest suit on merits 

9) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
46705 Answers
2764 Consultations

5.0 on 5.0

1.	What is the status of the property at the time of transaction?(Ancestral or self acquired )
2.	Is the father has absolute title over the property and whether the property is in the actual physical possession and enjoyment?
3.	What is the relief sought in the OP?
If getting an answer it is easy to give a valuable legal suggestion upon your question
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

Hi, if you are party defendants in the suit and you have received the summons from the court then you have to engage the advocate and contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. Is the seller alive? If no then on what basis have the sons claimed the property sold by their father?

2. Has the property been mutated? If yes, was the notice of mutation issued?

3. I hope you conducted due diligence to ensure that the seller had the authority to sell the property. A sale of a property, made without authority, can subsequently be annulled by the court on a legal challenge brought before it. The purchaser can be uprooted from the property if the court holds that the sale is illegal.

4. If the sons had a share in the property then their consent was required before the sale could be made. If the consent was not obtained then the sons can sustain their claim in the court.

5. Since the case has been filed you should contest it on merits.
Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

A. What is the nature of property? Was there some minor claims over the property?

B. Have you purchased the ancestral property or joint family property?

C. On what basis had the son claimed the property?

D. Have you studied the Plaint copy of the OS (original suit)? What is the claim? what is the casue of Action

E. Have you submitted written statement? You can contact a local lawyer to conduct the case on the merits.
B.T. Ravi
Advocate, Bangalore
836 Answers
58 Consultations

5.0 on 5.0

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