We purchased land with the extent of 600 yards from a person who had registered GPA from the landowner in the year 1986. GPA was valid from 1984 to 1981. The landowner was a pattedar. Pattedar passbooks were transferred to my mother. Out of 600 yards, 400 belonged to my mother and 200 to my aunt. We purchased those 200 yards from my aunt. My brother got ownership of 300 yards and land registration was done in 2005, remaining 300 yards are still not registered but we have the passbooks and pattas for the land dating from 1986. In 2006, the daughter of the original landowner filed a case claiming the ownership of the land saying it was gifted to her by her father during the marriage. The landowner and my mother are deceased. She filed cases on multiple such lands. She filed case on our 300 yards for ownership and my brothers 300 yards for nullifying the registration deed done in 2005. Our case was dismissed in 2011 as the plaintiff didn't appear(U/S26R/WO7R1)-Uncontested--DISMISSED FOR DEFAULT. My brothers was dismissed in 2019 giving him the rightful ownership for 300 yards. What should our next course of action be? Can we file a case saying that out of 600, when my brother was deemed rightful owner of 300 out of which 100 belongs in 400 yards which we have pattedar passbook from 1986. why aren't we the rightful owners? The granddaughter has constructed a house in 2008 when the case filed by her was still pending and sold it another party in 2009 and it got sold again in 2018, would les pendens work here?
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Why were 300 yards not registered kindly clarify
when no appeal is filed by plaintiff order becomes final and binding
you should apply for mutation of 300 yards in brother name
if mutation is refused take legal proceedings for mutation of land in brother favour
it is necessary to peruse documents cited by you to advice further
contact a local lawyer
1. Any suit /matter filed by Seller's Daughter is now time barred and legally not tenable. Hence said daughter does not derive any right from the new owners. However daughter derives right against her own father for her claims on the sale amount received by him.
2. IF brother's 300 yards property is legally final to due to said court order, THEN the other 300 yards also is deemed final for all legal purposes and the court is not going to give contrary judgment for this remaining 300 yards.
No, you can't file Lis Pendens, As the Plaintiff has already sold property in the year 2008.
See what Lis Pendens says : The meaning of lis pendens is - ‘a pending legal action’, wherein Lis means the ‘suit’ and Pendens means ‘continuing or pending’.
The principle embodying the said doctrine is that the subject matter of a suit should not be transferred to a third party during the pendency of the suit. In case of transfer of such immovable property, the transferee becomes bound by the result of the suit.
The doctrine of Lis Pendens essentially aims at (i) avoiding endless litigation, (ii) protecting either party to the litigation against the act of the other, (iii) avoiding abuse of legal process.
Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). The Section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law. It is based on the principle that the person purchasing an immovable property from the judgment debtor during the pendency of the suit has no independent right to property to resist, obstruct or object execution of a decree.
Because now the Applicant means (Grand Daughter) will be not the party of the suit.
Non – Applicability of Doctrine of Lis Pendens
Lis Pendens is not applicable in every case. There are certain instances wherein this doctrine does not apply:
It appears the dispute is pending in court
Therefore whatever is to be done as per decision of the court.
Now the decision passed by the court is against you then your next course of action is to prefer an Appeal.
If there is an scope you can file suit for declaration and injunction as well.
No les pendens will not work here, n when ur aunt sold the property so her daughter cannot claim now, do one thing register ur land as soon as possible.. N give me ur paper in regarding that so i can clarify u in detail
If the GPA's term is from 1984 to 1991 (in your post it is captured as 1981) assuming it to be 1991, yes it is valid.
Lis pendence is applicable to your case.
Her case does not stand, assuming that, the above GPA is valid and subsisting at the time of transferring property.
Since the person who files a case if he / she does not turn up, the court will dismiss it for default, you are at fault for not prosecuting the same.
Using your brother's case findings you can challenge the cases filed by the lady
Not your case but daughter case got dismissed and your purchase is secure and Intact. You need to do nothing. Enjoy your posession and title.
You are right full owner.
Which is your case ? 2011 which case dismissed and how daughter case is pending ?
Daughter case is barred by limitation.
You have possesion , enjoy it. Dont entangle in further litigation.
The patta of the land is not a title document.
What prevented your mother to get the land registered to her name?
If the land was a patta land, then only that patta can be considered as title document, but when the property is subsequently transferred to a buyer, then it has to done by executing a registered document alone and not merely by transferring the patta.
Now the alternate step that can be followed shall be by filing a suit for declaration of title and for registration of the proeprty title through court of law as a result of the disposal of the suit.
If the property that your mother purchased had been encroached and sold by the other party then you may have to get it cancelled by filing a petition in the same suit to cancel the registered sale deed.
Dear Sir/Madam,
It is suggested that the work done by the grand daughter is not correct and you are required to present the same to the court and other concerned authorities.
1. Yes you can file suit for claiming 100 yards of land and ownership of your 300 yards.
2. Yes les pendence will work here and sale by her can be nullify by filing suit.
Yes it totally works here if the matter is Subjudice
An application for recall of the order dismissing the case should be filed immediately. The suit should be revived.
