• Land partition suit

Smt T. Saroja has purchased an agricultural land in 1987 from Sri Chikkaravanna. After purchasing the same, she obtained DC conversion order in 2003 and formed a layout in 2004. I have purchased a site in that layout in 2004 from Smt.T.Saroja. 

In 2007, the daughters of Sri.Chikkarevanna has filed parttion suit to get their shares. they filed nearly 20 years after their father sold the property to T.Saroja. 

Since T.Saroja is not having that land, she is not appearing for the court. I am the bonafied purchaser. Is there any chance of loosing my site. Please give me your valuable suggestion to safegaurd my site.
I am realy worried. I am having only one site. I belong to middle class family
K.C.Shiva shankar
9900421045
Asked 2 years ago in Property Law from Bangalore, Karnataka
If the land was registered in the name of Sri.Chikkaravanna then he had an indefeasible legal right to sell it to any one he desired. His children had no right in the land unless the same was ancestral in nature. If the land was sold with proper documentation to T.Saroja then Sri.Chikkaravanna or his children ceased to have any right therein. You must be having in your possession a copy of the sale deed which Sri.Chikkaravanna made in favour of T.Saroja. It can throw light on whether sale was complete or not and also whether requisite stamp duty was paid. If sale in favour of T.Saroja was complete and lawful then she could have as legal owner of the land sold it to you. 

Now that his daughters have filed a suit for partition you should contest the same through your lawyer so that you succeed in repelling their legal challenge.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Hi, unless and until we verify the entire documents we can't say about the title of the property and  you have to contest the partition suit before the court engaging an advocate.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) you have not mentioned whether land was self acquired or ancestral property of Sri.Chikkaravanna 

2) if it was self acuired property of the seller he could dispose land as he pleases . 

3) legal heirs of  Sri.Chikkaravanna would have no right on said property once it was sold by Sri C during his lifetime . 

4) if sale deed in favour of Smt T. Saroja in 1987 was duly stamped and registered she was absolute owner of said property . 

5) she could have carried out conversion of land in 2003 and could have sold property to you under layout scheme 

6) contest the partition suit on merits
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0

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