• Purchase of undivided property from 3 members out of 5

There is an undivided property of 1 acre 30 cents in the joint names of a Xian  husband and wife having 3 daughters and one son. Husband died. Daughters got married. 10 cents of the land was sold by all jointly. After that they had some internal problem and the daughters were not co operating for the demand from the son and mother for further selling. So the mother sold some parts of  the land as herself. Then one of the daughters filed a partition suit in 1999. The  sub court gave a favourable judgement for the daughter. The mother went for appeal. meantime the mother sold nearly 97 cents by herself to different parties. All the purchasers got the land mutated. The appeal was rejected later and the Appeal court also ordered for partition. After that  I purchased 20 cents of the land in 2004. The document was signed by the mother, the son, and one daughter. After that the mother also died. Now all the procedures are complete and the case is kept for delivery. I was not in the station and was not aware of all these developments and now I understand that the property I purchased is allotted to two share holders. The land is mutated in my name. The son and the daughter who have signed in my documents are also allotted their shares. Can I get a stay on the proceedings? How can I prove my claim. Can I get the right on the property as the shares of those signed in my document.
Asked 1 month ago in Property Law from Ernakulam, Kerala
Religion: Christian
Well, without seeing the case papers it is difficult to advise further.
If you are bona fide purchaser without notice of litigation then you can file case for damages.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) you would not get stay of proceedings 

2) file an application for being added as party to the suit proceedings 

3) you are bonafide purchaser of value 

4) co owner is entitled to sell his share without consent of other co owners 

5) in your  case son and daughter have sold you their share in property 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. You should have conducted search and taken due diligence report from a local lawyer in connection with the status of and also the encumbrances on the property purchased by you.

2. Mutation does not transfer the title of the property but Title Deed does and your title deed is invalid.

3. Registration of your Title Deed will liable to be cancelled based on the Court order when the partition deed will be registered.

4. File a suit against the mother, from whom you have purchased your property,  for substituting her share of the partitioned property in place of what she has illegally sold to you though it appears that sh won't be able to substitute with all the buyers of 97 cents since her share will be much less than that.

5.  You along with all the other buyers of the said 97 cents should now lodge a police complaint for cheating and defrauding you by selling the property which does not belong to her.

6. If police fails to take any action, file a Writ Petition before the High Court against police for its inaction praying for justice.

7. Simultaneously, all of you can file a Money Suit against the seller praying for a direction upon her to refund the consideration received with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) if as per advocate commissioner report property sold to you have been allotted ti the 2 daughters who did not join in execution of sale deed then your sale deed would be set aside 

2) it would affect other purchasers also 

3) hence advised you to intervene in suit proceedings 

4) suit takes 15 years to be disposed of 

5) you can claim compensation from the seller 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. You have purchased the properties being that divided as C & D from the mother who was not the owner of the said properties.

2. Your said sale deed is void at law.

3. You can not claim refund of the sale proceeds from the daughters who are its owners.

4. Find out if anyone has inherited the properties belonging to the mother after her demise.

5. If detected then file a damage suit against the demised mother substituted by her legal heirs claim refund of the consideration with interest, damage and cost.

6. The legal heirs of the mother will be liable to refund you the amount up to the value of the properties which they have inherited from the mother.

7. If your claim is Rs.20 lakhs and they have inherited properties valuing Rs.15 lakhs from their mother, then they  will be held liable to reply you Rs.15 lakhs only and not Rs.20 lakhs.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
After that the mother also died. Now all the procedures are complete and the case is kept for delivery. I was not in the station and was not aware of all these developments and now I understand that the property I purchased is allotted to two share holders. The land is mutated in my name. The son and the daughter who have signed in my documents are also allotted their shares. Can I get a stay on the proceedings? How can I prove my claim. Can I get the right on the property as the shares of those signed in my document.

First of all it appears that you may have  ignored to obtain legal opinion for the purchase of this property, because had you obtained then you could have come to know the actual legal position and also about the marketable title to the vendors who sold this property now you have purchased.
 Also you have not stated that whether the vendors are the original shareholders of the property you bought.
There was no necessity to buy the property under dispute.
Mere mutation of records shall not confre any title to you including the registered sale deed documents on your name, because the property was under dispute and the same is pending at court of law.
If the shareholders who have already won the case approach court for ejecting you from the property then you cannot put a fight back because they already have a court judgment in their favor. 
You have no option than to compromise with the share holders or pressurise your vendor to settle the dispute and provide you the necessary relief or to return your money with interest.
Consult a local advocate and proceed as per his further advise.  
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
If the Registration of my Title Deed  liable to be cancelled based on the Court order when the partition deed is registered, will this affect to the other purchasers also.The party has approached me to settle the issue and promised me to pay back the amount with suitable interest. This is not acceptable for me as the price of the land has increased unimaginable in this area.  In normal case how long it may take to settle the case in a court and will I be compensated for my loss at the end.

From your above subsequent post it is clear that your vendors do not have proper or marketable title to sell the property to you, therefore it can be considered as illegal and invalid in the eyes of law and the sale is not binding on the actual owners of the property as per court judgment. 
Now you dont have an option to retain the property but to take back your money with interest, if not you may have to face ejection action by court and if need be with the help of police.
This will be the similar situation to all the purchasers who have bought the property like you. 
Court will not be interested in your sentimental attachment to the property. 
The court will follow the law in this regard and all are equal before law. 
If you need compensation then you may have to approach court with specific relief suit seeking possession or compensation for the money paid towards sale deed. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) you cannot  lay claim to A schedule property which was sold by mother alone 

2) try to convince other purchasers to intervene in suit proceedings . 

3) you are proper and necessary party to the suit proceedings 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
The question is not about who claims what.

This is question of law involved in your purchase.

The other purchasers may not support you because they may not feel the pain of the pinch, they will realise the gravity only when they confront a similar situation.

It is pertinent that you safeguard your investment interests.

You have to adopt the necessary legal steps for safeguarding your interests and you cannot rely upon others to lend their support to you.

You can consult a local advocate and may take appropriate steps to protect your money as well a your property properly as per law. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. You cannot pass on your loss or problem on other buyer who has purchased his plot after verifying the records.

2. The other buyers who had purchased from the A schedule land will not be convinced at all to share your problem.

3. However, all 97 cents sold cannot  be from schedule A and you shall still get people who have been cheated like you by the mother to join you to take legal steps as suggested in my earlier posts.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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