Injunction on part of BDA approved layout, Bangalore
Request your advise on the below matter.
Reliable Woods is a BDA approved layout in Kudlu, Bangalore. We are the first owners of the plots post BDA approval and have now acquired BBMP A Khata.
The land was sold by a farmer in 2001 to the Reliable Developers. We bought the plots in 2007, post BDA approval of the layout. In the documents shared with us during purchase, for the farmer, mention of one wife and children was available in 2001 sale documents.
In 2012, a lady, claiming to be daughter from his second wife, has come forward and put up a case (OS 722/2012, Kudlu), asking for compensation from the farmer's sons & Reliable Developers (individual plot & khata owners are not in the accused list of the case).
In this case, she had put an injunction on part of the layout, to a specific survey number. This is preventing any legal sale of the individual plots. This year, an owner was able to sell his plots falling under the survey number, it appears, with some out of court settlement with the lady.
Request to advise,
1. on the validity of the case (as it has more than 12 years gap) and
2. can injunction be removed on part of the survey land, to facilitate individual sale of plots.
She keeps approaching few built house owners residing in layout asking for money but no one is entertaining. Case is dragging hence delaying benefits for the owners who bought believing its a BDA approved layout hence legally valid.
Asked in Property Law from Bangalore, Karnataka
1) daughter would not have any share in self acquired property standing in name of father
2) father is free to dispose his share . dont not need daughter consent
3) without going through case papers we cannot say on what basis court granted injunction .
4) you will have to engage local lawyer and take out application for setting aside stay
A lady claiming to be daughter from his second wife, has come forward and put up a case (OS 722/2012, Kudlu), asking for compensation from the farmer's sons & Reliable Developers is a common sight these days which is nothing but a nexus between land mafias and land owners utilising some unknown and unrelated person for such false claims for wrongful extortion.
In my opinion, such cases though appear to be dreadful, in actual sense they are not at all maintainable, if a skilled lawyer is appearing for the defendants, the case filed the plaintiff lawyer may not sustain. In fact it is an arrangement between the lawyer and the land mafias too.
If you are not impleaded as a party but your survey number is mentioned in the list of schedule of properties, you may implead yourself as a necessary party and contest the aspect which bothers you or ca remain calm about the case and closely watch the developments of the case, if at all (due to collusion by parties having vested interests in both sides) there is a judgment affecting your ownership, you may file an appeal before the higher court to implead you as a party and to render justice to the valid purchase you have made.
You can consult a local advocate whom is in the knowledge of such scandals going on in Bangalore.
The reply depends on merit of the case itself and hence without seeing the respective pleading of the parties no proper advice can be given.
You can anyway file petition under order 39 rule 4 of cpc for vacating the order of injunction or challenge the said order in appeal before the higher court.
1. The lady has sought an injunction against the sale of a specific layout by the owners of the layout. If your plot is also covered within the specific layout, the sale of which is being sought to be restrained through grant of injunction, you should implead yourself as a party to the OS to repel her attempt to seek injunction.
2. If the injunction is granted by the court then you can challenge the order in the High Court.
Hi sir/madam, there is no bar to claim her legal rights over the property of his father as legal heir. That lady which nature of case is filed? if she filed the cancellation of sale deed against the present property owner/builder, if yes, as per legally the registration of sale deed is challenge within the 12 years from the date of registration of such sale deed as per Limitation Act. if more than 12 years, she should give reason for her delay to condone the filing the suit. If she will not prove her delay condone, she will loose her case but she will not loose her right over the property. She cannot do anything in the eye of law, she will claim only in the basis of mercy.
1. What Injunction has been managed by her from the Court?
2. Is the injunction applicable on the individual plot owners for the sale of the plots of a particular survey Number or on the Developers?
3. If the injunction is on individual plot owners who were not made parties to the suit, they should immediiately join the sit as intervening parties and file a joint application for vacating the injunction,
4. The fact that some individuals sold their plots with the consent of the complainant despite there is a stay granted by the Court, will go in our favour to vacate the said stay/injunction.