We have purchased a land (30*40) in the year 1992 with the pair who also owns 30 kuntas and which is divided into many sites. At the time of registration both were alive & signed & thumb impression is on all pages of sale deed. Site was in the name of his second wife as first wife has been already expired. 11 years ago husband has dead. First wife had 2 daughters & second wife having 3 sons & 1 daughter. one son & one daughter was minor during our purchase.
Now that minor children has filed a suit in civil court telling that there was some illegal alienation during selling of sites to others(including us), their mother, sisters & brothers. the court has given notice to all. will the case will be problematic to us? As already we have built home on taking home loan from bank, but still amount is not yet paid fully by us.
Vikas Babu P
Asked 4 years ago in Property Law from Bangalore, Karnataka
you have to contest case on merits . it is necessary to go through the suit filed in court by children of first wife to advise further . the issue would be whether it was self acquired property or ancestral property of sellers . if it was self acquired property the owners could have sold it to various buyers . if it was ancestral property the minor children would have share in the ancestral property and can challenge the sale on becoming adults
Above is the legal position.
Advocate, New Delhi
since sale transaction is incomplete as on date u will face problem ur case needs to studied in detail to give a complete answer, u can meet me
please bring teh sale deed copy to us so that we can guide you in the right direction. if the alienation is for the family legal necessity, then the same is binding on the minor children. so please consult for better legal remedy. any thing suggested in your case orally will have no effect.
Your are safe. However since a case has been filed please a competent lawyer; provide all the documents to him and fight out the case with out being neglecting the issue.