I am planning to buy a residential property of which i have given the documents to a renowned bank, after initial set of verification there is discussion going on between the bank's legal team and the builder's team on a case pending. To brief about the case current land is an agriculture land which was converted according to BDA rules and regulation but owner of the land acquired the land through partition deed in 1974, there were 2 partitions same year but after that i.e 42 years from then there were no partitions and that person who is still alive have made an agreement with the builder to build residential property. However last year i.e. 2015 some person has put up a case against the person in question and the builder saying that partition made in 1974 was wrong and they claim a share in the property. Builder's legal adviser's main claim is that case is dummy as it was filed after 42 years which wont stand in the court of law, further court has refused to give an injection order questioning the long delay also in the order sheet furnished both the person and the builder are placed exparte. So my questions are: 1. Given the delay of 42 years after the partition and the current person is owning the land legally all these years (revenue records), can this be taken as single reason to ignore the case? 2. If answer is NO in above case then in what are all situation case can still go against builder/owner? I don't have much details about the case, whoever has filed a case put a up long history rooting back to the partition dated 1974. Thanks, Karthik
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1) what is the basis of claim by the person ? is he a family member ?
2) was the deed of partition duly stamped and registered?
3) the long delay of 42 years in challenging the partition deed would certainly go against the claimant
4)however you cannot ignore the case . even if claimant was minor he ought to have moved court on attaining majority and claimed his share in the property
5) it is necessary to peruse the suit papers to advise .
A. Generally, we could see many types of partition deed i.e, 1.Registered Partition deed by involving all the family members except female members 2. Registered Partition Deed by involving all the family members including male and female issues 3. Oral Partition deed 4. Panchyath Zubane Partition Deed which is not registered but the same isolated share is reflecting all the revenue records since 20 or 30 or many years. As you said, you are not having much details about it. but any partition was executed between all the children including male and female issues with register that would not create legal issue in future. In case, any party or children was not involved in the partition deed or if the said children were died leaving behind wife or children they may challenge before the Court from the date of knowledge or within 3 years from the date of attain majority.
B. As per the law of limitation, the above said party may file a suit from the date of knowledge of the property transaction or by 3 years from the date of attains majority. However, the Court may condone the delay of the said limitation under Section 5 of Law of Limitation Act, 1963 if the parties satisfied the reason as to why delay happened. As such, first we have to identified the cause of action or right of the parties by verifying the Partition deed. The said suit either allow by condonation of delay subject to nature of right or dismiss under the law of limitation.
1. If the person has valid claim then certainly the partition can be set aside provided there is merit in it.
2. Without seeing the contents of the case it is difficult to say yes or No in this context.
3. Get the copy of the plaint and take advice from advocate of your choice to get firm idea on it.
1. What is the nature of the suit filed against the owner? The denial of temporary injunction does not imply that th court cannot decree the suit. Whether or not the case will stand in the court is something that you will come to know only when the court passes its final judgment and decree.
2. Under Transfer of Property Act if third party rights are created on a property during the pendency of the suit the same are subject to the final outcome of the suit. If the court eventually allows the suit filed by the plaintiff the third party rights created in your favour would crash out of the window.
You should not proceed with the purchase of this property if you found it to be under litigation.
Partition suit can be filed after many years too, there is no time limit for the partition nor it is barred by limitation.
Therefore you may with the hnt about the blank future or future with litigation in this regard, better think many times before entering into this venture.
