Claims against unregistered partition deed
Hi, i am planning to buy an apartment from a builder in bangalore and had this observation when i was verifying the documents that the builder provided. I had some question. Let me try to simplify.A father has 2 sons (A and B) and 2 (C and D) daughters. The father acquires a land (3 acres) in his life time ie it is a self acquired property. The builder has provided a panchayat partition document (he calls it by this name) - it is in kannada and is executed on a stamp paper among the 2 sons ans 2 daughters with some witnesses. Note that this document is not registered. Per this document, the 3 acres of land will be taken by the 2 sons and the 2 sisters will take cash and jewellery. This document is dated 1992. The builder also shared the judgement details of a similar case. At a later point of time the 2 sons orally split the land among themselves where A gets 2 acres and B gets 1 acre. A sells his 2 acre land to the builder in 2002. The builder is now constructing the apartments in this piece of land -So the question is - can the two daughters (C and D) file a suit against the builder ( who bought the land from one of the sons ie A) now (i.e. in 2014)?If the daughters do decide to file a suit then will the court accept it?If the court do accept the suit then would the developer be able to defend himself and win the case in his favor? If yes, then the documents mentioned above be sufficient ie non registered partition deed and a similar judgement passed by the court.Please note that the land is in Karnataka.
Asked 10 years ago in Property Law
Thanks sir. One more question related to the same - if the father sells an ancestral property to the builder along with the name, signature and consent of his children (ie the children are party to the sale) with the following reference in the sale deed -
'We having received entire sale consideration on behalf of ourselves and on behalf of minor children have adequately safeguarded the interest of minors by reinvesting their share in constructing the building in the alternate property, betterment of minor viz maintenance, education, health etc and we further hereby undertake to and fully indemnify the purchasers against any claims by or on behalf of the minors which may arise in future against the purchasers'
Then can the minors be grandchildren or any other minor file a suit against builder when they become major?
Reason - the entire builder project comprises of two parcels of land. One mentioned in my original query (1) and the second mentioned as part of this query (2). I am ruling out purchasing a flat in 1 and wanted to check whether 2 is clear.
Asked 10 years ago
Thanks Pradeep sir. How do i find whether the revenue records have transferred? Btw, let me produce a section from the documents -
' the rtc document for the period 1991-92 to 2012-13 shows names of A (2 acres) and B (1a-22g) and there are no adverse claims over the survey number'
Also, the partition deed that the builder gave (which he calls panchayat partition) - how do i ascertain that it is panchayat parikath? Btw, it is executed on a 100 rs stamp paper
Asked 10 years ago
Hi pradeep sir, can you elaborate on 'all parties are made party including minors'?
The sale agreement dont name the minors but mentions a statement in sale agreement which i shared earlier? So would that suffice or is there a problem as well?
Asked 10 years ago