Family dispute on a society allotted site
I have purchased a site in 'D' Group Layout in SrigandhadaKaval village. The site has A Katha and got BBMP plan sanctioned. When I started construction, one person approached me that there is a O.S pending in Bangalore Rural Court. When I checked the case details, it was a partition suit filed against a male member by all female members in a family. The male member's father has sold the land to "D" Group society in 2001 and subsequently the society formed a layout and distributed the sites to its members. I purchased site from an allottee two years back.
Now, the person is saying that he would include me also in that case and he would get a summon issued from the court to appear before it.
Can the person do what he was claiming? How should I proceed next?
Thanks in advance for your reply,
Asked 12 months ago in Property Law from Bangalore, Karnataka
Without checking the contents of the partition suit it is very difficult to advise on the merit of the suit.
It is right that the parties to the suit may apply for adding your name so the final outcome if the suit may be made binding on you.
Anyway since you have already bought the property, either you sell it or fight the suit on merit, There is no other way out.
1) you should have taken search before purchase of property .
2) ask seller to cancel the deal and refund your money .
3) pendency of suit should have been disclosed .
4) was any injunction granted restraining sale of site by D group / allottees?
Hi, before purchasing the property you have to get a proper legal opinion from the advocate then you have to proceed, But it is too late, Now there is a possibility of you may be implead in the suit as a party defendant.
2. Once you have receive the summons you have to contest the case on merits don't ignore it.
1)It is possible for him to add you as a party in the already existing litigation as you are an interested party and a summons can get sent to you as well.The fact is that you ought to have taken due diligence at the time of purchase and done thorough search before buying the property.
2) You do not need to panic or take any step right now. Wait and watch if you get a summons from the court. If you get a summons engage a lawyer to file your reply in the court.The seller form whom you purchased the plot must indemnify you against any possible loss you may suffer if the property was sold to you when the seller did not have title that was without encumbrances.
3) This can entail your filing a suit against the seller for recovery as he/she has defrauded you by making you believe that the title was clear.
If you have purchased a site which was under litigation you will have to be made a party to the proceedings as well, which is what that person is telling you.
If and when you receive the summons from the court in the case, details of which you already have take the services of an advocate and defend the claim being made now against this land.
The society which formed the layout and the person from whom you originally made the purchase must already be necessary parties in the said case.
A. What is the nature of property acquired by the "D" Group Society?
B. Is there any injuction order or stay order passed by the Court in the Original Suit?
C. Generally, partition suit will not affect your title because of you will be treated as bonafide purchaser.
D. This case will not sustain before the Court of law if the property nature was self acquired or inherited by father.
E. In case questioned property is ancestral that female heirs can be questioned from the date of knowledge or within 3 years from the date of attains majority.
1. Those who have filed the suit can amend it to include the subsequent purchaser in the suit if third party rights have been created in favour of the latter. You can take a limited defence that you purchased the property without knowledge of the pendency of the case, but this is a weak defence as the subsequent purchaser gets the title with all rights and liabilities of the seller.
2. When the court issues summons to you engage a lawyer to defend yourself in the court.
Here are some clarifications. When I purchased the site 2 years back, there was no case.. the suit was filed just 8 months back. The society purchased the property 15 years back and allotted to people after obtaining all necessary approvals from BDA/BBMP. There is no injunction order passed by any court for this layout. I have got bank loan for this property and bank lawyers told me at that time that this property has clear marketable titles.
Asked 12 months ago
1) you have to contest the suit filed by person against you on merits
2) you are a bonafide purchaser of value
3) there must be an indemnity clause in your sale deed wherein seller indemnifies you against all claims made in respect of the property
Whatever be the fact situation when a case is filed and pending you have no option but to appear and contest on merit.
If at the time of purchase there was no case pending on the property (in total) then you have nothing to worry about, after you made the purchase and thereafter if the case is filed and if the court has not granted any stay or injunction over the property then it continues to be free hold property, the person claiming right/s over the said property must necessarliy implead all your previous vendors in the case and then only implead you as a necessary party since you are its present owner.
In any case you have nothing to fear since you are in settled possession of the property from the date of purchase and since there is no stay or injunction operating against the property you may as well develop it or dispose it if found necessary.
Hi, Even though you have a good and marketable title but once you received the summons from the court then you have to contest the case on merits and if the court pass an adverse order then you are in trouble, it is better you can contest the case on merits.
The bank conducted due diligence and concluded that title is free and marketable, and hence gave you the loan. Be that as it may, if a lawsuit has been filed by someone who claims to have a better title than you then you will have to defend your title as and when you receive summons from the court.
In a pending suit, the property is under dispute, hence the subsequent purchasers will be impleaded as necessary parties.
In fact it is good for you that you have been included as a party otherwise if the case is decided in favor of the claimants then you will not come to know about it at all and will be caught unaware when the court order is being executed and you are asked to vacate.
So better consult a local advocate and yourself involved in the case if you have already purchased the property.
The subsequent development may be a handy work of the land mafias in disguise. The atrocities of land mafias in Bengaluru is on the high. However you can challenge their case properly in the court of law, they cannot claim a share form the self acquired property of the original owner. If he has sold then having marketable title then the partition suit can be challenged properly.