You appoint any lawyer to appear on your behalf first. Later you can mark your presence if needed
Suit of partition case
Hi My husband bought a property from a lady in 2008 and now we got a legal notice to appear in court as the person who sold the property to that lady did not include the legal heirs of his brother who is the co owner of that land. So the land was bought by a mother and son in 1997 and both died in 2000 and 2001 respectively so the younger brother(not the owner of the land) sold this land to the lady by providing death certificate of his mother and his brother and legal heir certificate that he is the only legal heir for his mother and father(nothing mentioned about his brother who is the co owner of this land ). So basically A sold the land to B and B sold it to C.The legal heirs are from A and We are C but we got a letter to appear in court. The legal heirs are the daughters of the deceased co owner(died in 2000) and the case title says the case is with the daughter VS their uncle who sold the property . But we are included as defendant number 3.What should we do now? How to proceed with this.Also the case was filed in 2018 but er got the letter only now and we are in UK since 2016. We have paid stamp duty and properly registered the land and have patta on our name.
Asked 2 years ago in Property Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
Engage a local lawyer and appear in court
2) file detailed reply in suit
3) there must be indemnity clause in your sale deed wherein seller indemnifies you in case third party claims are made
4) you have to sue seller to recover your money with interest
Since you have been impleaded as a party and also you have received the summons from court, it becomes your duty to participate in the case and properly defend your interests.
If you ignore the summons a decision against you will be passed in your absence.
You can challenge the case on the basis of registered title deed in your favor.
Actually the problem ib your side is for not obtaining legal opinion before buying the property.
- Since, you are in possession of the said property after having a registered title deed with patta in your name , then after a gap of 14 years time , none having right to claim on any ground.
- Further, as you have received the summons of the court , then you are under obligation to appear and to reply the petition filed by opposite party, otherwise the court may pass ex-parte order after accepting the contents of the opposite party.
- Engage a local lawyer for appearing and contesting the suit .
- You can appear in Court through GPA drafted in U.K. and attested by Indian High Commissioner or by notarized GPA giving power to your relative/friend to defend the case.
- The sale transaction registered in 1997 by your seller’s seller is questioned by legal heirs of seller’s seller.
- First transfer took place in 1997, second transaction took place in 2008 and suit is filed in 2018. There is delay of 8 years in filing the suit. This is your first defense.
- If the proceeds of property sold without consent of any of legal heir are applied for necessities of family like towards expenses of education of family members, marriages of family members, medical emergencies, maintenance of family, purchase of other properties etc. such member cannot challenge the transfer of property.
- Legal heirs filing suit are entitled only the extent of their share in the property.
- If there are other properties of seller’s family, their share will be adjusted from such property without disturbing the transferred property.
- It is the liability of you vendor towards his seller, you are not liable for your seller’s seller.
Appear in Court and take above defences, there are other defences other than above.
Dear Client,
no property can be sold without the knowledge of the co owner. here the transfer between A and B is not valid. you are just the third party. court will 1st consider A and B. you can appoint a power of attorney in India to represent you and appear before court on behalf of you.
Thanks for your responses.I and my husband gave GPOA to my mom in 2017 when we were in india. Its been mentioned she can defend any cases on behalf of us too with respect to land. As we need to appear on 11th July can we use my mom GPOA and send her with a lawyer or should we give a new power registered with High commission of India here in UK? Also please let me know if we need to give POA to lawyer.
Asked 2 years ago
On basis of POA executed in favour of mother she can engage any lawyer to appear on your behalf
your mother can execute vakalatnama in favour of lawyer to appear in court on your behalf
no need to give POA to lawyer
If you have already gave a power of attorney to your mother, then she can represent you before court on the basis of the power of attorney deed in her favor.
She can engage a lawyer and conduct the case in your absence.
Yes you can use it in civil cases but ik evidence stage your presence is required. Also in criminal case for appropriate stages your presence is required
Dear Client,
yes. you can grant POA to your lawyer. your mother can represent you with the GPOA if it is not expired.
- If you have not cancelled that GPOA in the name of mother , then it will be valid for engaging a lawyer on your behalf., and further no need to execute another GPOA.
- Further on the basis of that GPOA she can even appear before the court in that case on your behalf.