QUERY Sole Agri land owner - Ramji Sr. (GGFather) Ramji had 2 children - Dagdu, Laxmi (GMother) Whe Ramji died , thereafter- 7/12 was changed to include Dagdu & Laxmi as Sole heirs in 1976. Using some underhand means, Dagdu managed to become sole heir, removing Laxmi's name from 7/12 of the lans once owned by Ramji Sr. After Dagdu died, his 3 sons & 1 daughter became heirs to the lands owned by Ramji Sr. - the 3 sons & 1 daughter, in turn sold some parts of their agri land to outsiders & some parts were inherited by their children - in total there are presently 54 land-owners of land which was in possession of Dagdu (& Laxmi, after death of Ramji Sr (original owner) ) In dec 2022, GrandSon of Laxmi , Namdev (GS) , has filed a case in Rural court in Pune dist, against all 54 owners, both heirs & outsiders demanding his share Myself , bought 1 Acre of land from Ramji Jr, one of 3 sons of Dagdu. in 2012. All formalities for ownership , including inclusion of name in 7/12 were completed in 2012. Title check was conducted and advertisement put in newspaper by my lawyer. At that time NO CLAIMS on our plot of 1 Acre or Ramji Jr's land came to the notice of Registration authorities. ?? What could be the outcome of the case in Dec 2022 for Myself & other 53 Respondents ? - is case valid after such a big time gap - what happens to holdings of heirs of Dagdu - what happens to outsiders holding plots bought from sons & daughterd of Dagdu ?
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There is no limitation for filing partition suit.
Hence if Ramdev has filed a suit claiming partition and separate possession of his share in the property, if he is entitled then the court may pass a judgment accordingly.
There are 54 defendants, hence the case may be dragged on for years together, so you can patiently wait and watch the developments.
Namdev's claim to a share of the land may be subject to prescription and applicable statutes of limitation. The heirs of Dagdu and the outsiders may retain their holdings if their titles are valid and they have not acted fraudulently.
laxmi had equal share in land
2) land was fraudulently transferred in name of son excluding daughter
3) court can set aside sale of land
4) delay in filing suit has to be explained
5) your remedy is against seller of land to recover your money with interest
they have their holdings aa per their respective share holdings. They can seek the same through suit
If Namdev succeeds…
Dear client,
Based on the information provided, it seems that the case filed by Namdev, the grandson of Laxmi, is a claim to a share of the agri land owned by Ramji Sr., and the case has been filed against all 54 owners, including the heirs and outsiders who have purchased land from the sons and daughter of Dagdu.
It is unclear what the nature of the claim is, whether it is a claim to a specific portion of the land or a share of the entire land. If the claim is to a specific portion of the land, it is possible that the court may order the partition of the land and allotment of the share to Namdev.
However, it is important to note that the sale of the 1 acre of land by Ramji Jr. to you in 2012 was completed with all the necessary formalities and title checks, and there were no claims on the land at that time. This means that you have a valid title to the land you have purchased, and it is unlikely that the court will order the cancellation of the sale or ask you to surrender the land.
Regarding the holdings of the heirs of Dagdu, it is unclear from the information provided whether they have a valid title to the land they inherited. If the transfer of ownership was done legally and with proper documentation, they may have a valid title to the land.
As for the outsiders who have purchased land from the sons and daughters of Dagdu, the validity of their titles will depend on whether the transfer of ownership was done legally and with proper documentation. If the transfer was done legally, they may have a valid title to the land they have purchased.
It is important to note that the outcome of the case will depend on the evidence presented and the legal arguments made by both parties. It would be advisable to consult with a lawyer who specializes in property law to understand the specific legal implications and options available in this case.
