Relief or compensation to a property sold
I stay in a layout in Bangalore. One of the owners of a site in the layout has received a notice.
Summary of notice : A lady asking for relief/compensation from her father who sold his property to a developer (& in turn the developer sold to others/consumers like us). The initial sale was in 2005 and subsequent to that sold to consumer and many have built house and living in the place for 8 years.
The lady (Daughter) now asking for relief has picked only specific 6/7 sites and in the affidavit has mentioned the defendants as the people who have bought it too ( i.e. even if changed hands across consumers). While I and many have not received similar not our names/sites are part of this notice, my friend is included and he received it first. While the case for a layman seems to be between her and father for compensation, since it has been summoned to my friend, does he have to worry about anything, shuld he reply with another filing.
Asked in Property Law from Bangalore, Karnataka
1) if your friend has received notice he has to engage a local lawyer and reply to legal notice
2) if it is self acquired property of father daughter would not have any share in the property
3) father would not require daughter consent to sell the property.
4) only if it ancestral property daughter can claim share .
if he has been made a party to the proceedings and summoned he has to appear and file his reply through a lawyer.
appearing and defending it is advisable , if in case he does not respond to the summons there can be a stand against him be taken as he is not filing his defense or represent his part
If it was the self acquired property of her father then he was at liberty to sell it to anyone he desired. So if the sale in favour of the present owners has been challenged then they should contest the case fittingly in the court. As long as they conducted due diligence before sale to ensure that title is free and marketable they should be able to repel the challenge in the court.
Such things are very common in Bangalore. The original owner will ell the property to a third person and will keep qute for some years. After that he may kindle the issue by making his wards to file a suit seeking partition on some flimsy reasons.
This is land scandal and can be seen abundantly in Bangalore.
After filing the suit through his ward, the original vendor shall remain aloof from the court during proceedings and will allow the case against him to be set exparte by not appearing in the case. The buyer will run between court and his office and will be under mental stress continuously till the situation turns in his favor. When the plaintiff sees you becoming tired and not willing to proceed with the case. put pressure on you for compromise and then you may, in order to avoid further humiliations may agree to the terms set out by her.
This is how the land mafia operating from behind holding the vendor's daughter like people as ransom.
If your friend has been summoned to the police station, let him attend the station and comeback peacefully.
No worries at all.
All 6/7 of them who have received notices, hire a single lawyer and defend your case. that way when the judge sees a group of people affected by a single claim the judge will decide faster.
second, the case will attract limitation. the sale was done in the year 2005. the lady should have filed the case within 3 years(if she was a major in 2005). So her age in 2005 is really important to know.
Also even assuming that she has a claim, she has to first settle with her father only and not from buyers who bought the land from her father.
Also the father will be held responsible by the seller for selling them the property without a valid title . So whomsoever bought the land from father will stand protected because at the end of the day, father is responsible to answer to buyers also.
Hope this helpls