• Right of a buyer in case of partition suit filled by seller's daughter

Hi, I bought a property in Oct, 2018 from a person. This person has 2 wives (both alive and staying together with the person), he has 5 daughters from 1st and a girl and a boy from the 2nd. The 2nd wife also had a girl from her previous marriage. Now when I started the construction in Jun, 2020. One of the son-in-law ie the husband of the 4th daughter from 1st wife is creating objection that the property is his and I have no rights to contruct a building on the land. 
Later when I investigated the matter I found that a partition suit had been filed in the court in May, 2018 by the 4th daughter and the case is in progress. The person has a total property of nearly 2 bigha. Out of which he had sold 1 kattha and 17 dhur to me and rest was sold to his only son from 2nd marriage and to his 2nd wife. What can I do in this case? How can I establish my ownership rights on the bought property?
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

You have sale deed, your ownrhsip is intact. If no stay from court in on going case, his objection has no value. You go ahead with construction and if he obstract, complain to police.

Also check from seller, under what capacity he is claiming ownerhsip.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Is there any stay order passed by court restraining seller from selling the property 

 

if so ask seller to refund your money as title is not clear and marketable 

 

if no stay orders are passed ask seller to cancel sale deed and refund your money with interest as he failed to disclose pending partition suit 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You dont worry about their family feuds.

You have to rely upon the registered title deed on your name.

If he has got any claim then he may have to fight and drag his father in law to court, he cannot obtain any injunction against you nor he can object to your construction.

You can  challenge his case properly with the help of a skilled advocate if your current advocate is not able to handle this effectively

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear Sir, 

You are suggested to submit an application under order 1 rule 10 of the CPC in the ongoing suit that the you should be impleaded as interested party in the case and after this application is allowed establish your claim that you are the rightful owner and the partition suit is infructuous now. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Now you can go as per partition suit and apply for main owners share that share will be yours. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to approach the civil court for declaration of the said right. But of you don't have possession then you need to wait till decision of that partition suit

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You first collect land records from the office of Tehsildar who owns the property and how many legal heirs on the record?

If partition suit is pending before the Court of law then your chances of buying the property is less and loosing is more.

Better get all records of land searched and verified about the ownership and heirship due process of law done by due diligence process. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

- As per law, a Hindu cannot do second marriage without getting divorce from his first wife , then the second wife is not a legal wife to him , and she having no right to claim over the property of him.

- Further , if the property which you have purchased , is a self acquired property of that seller , then he was having his right to sell it , and none having right over the same. 

- But, if the property was ancestral , then the children of first & second illegal wife can claim right over the property .

- Since, there is already case filed by the sellers daughter , then you can lodge a complaint against the seller for the offence of breach of trust and cheating . 

- Further , you can file a suit for Permanent Injunction against them for restraining from creating any hindrance in your construction work .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Without seeing the plaint it us very difficult to advise on merit of the suit.

However refer to your sale deed. If there's any indemnity clause then you better get compensation from your seller and leave this property. 

Otherwise you will have to wait till the partition suit ends. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. When the matter is under subjudice, any transaction concluded in respect of the land which is under litigation will not be a full proof legal transaction and does not confer clear title on the purchaser.

2.  File a cheating case against the seller, who sold the property to you, when it's under litigation and the seller was aware that there is a ongoing case on the property.

3.  Bring an Injunction Order from the competent court, to prevent the son-in-law of the seller from interfering and trespassing into your land.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

If the property is a self acquired one by the person then nobody can raise any objections on the sale of this property and least of all the son in law.

If it is an ancestral property then the children may raise objections.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You didn't receive any notice from court so there is no stay over the property, if you have property documents than continue construction and if someone comes to stop you than file a police complaint 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

It would be proportional 

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You can establish your rights by claiming that seller shows document to prove that land is seld acquired by him and his children cannot claim any share from property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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