• Litigation case

My father had bought a property in Shimoga Karnataka in 1994 from a layout created by 2 brothers on their ancestral property. We got it registered in my father's name then itself. We are paying tax, we have encumbrance certificate as well. Have government supplied water connection as well. Last year we recieved a notice that, there was a sister to the brothers who sold the property who didn't get any part or compensation during the distribution of theit ancestral property Nd hence she and her children has put a case against the seller and few of those who registered their property after purchasing fhe price of land. 
What should we do in this case? We have replied to notice immediately that this is not related to us and the those who applied to courst shoukd talk to th e sellers family only. There were 4-5 hearings post this and the case is not moving anywhere. 
We have recently applied to dismiss us from the case.

What is the best possible solution in this scenario? Is there a way to sell the property to another party legally as the property is registered in my father's name.? Or is there a way of the property can be transferred in my name? How to get rid of this situation?

Please help!
Asked 7 years ago in Property Law
Religion: Christian

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6 Answers

1. Since you are in possession of the proeprty you have nothing to worry.

2. Since I could not see the case papers it is difficult for me to make comment on the merit of the case.

3.If the case is delayed there is no harm in it as you are enjoying the proeprty and it is the person who has filed the case should be more worried about the same.

4.I do not see any chance of success of the person who has filed the case.

5. Yes you can get proeprty transferred in your name by way of gift deed unless there is any injunction order agaisnt transfer of the proeprty till the suit is disposed of.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

1) your father is bonafide purchaser of value

2) he should contest the case

3) you can sell the property but you would not get market price on account of pending litigation

4) contesting suit is best option

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. Since you have applied to the court to dismiss the suit against you there is little you can do except to wait for the court to deliver its order on your interlocutory application. If there is inordinate delay in the disposal of the application and the main suit then you may move the High Court through a writ petition to expedite the proceedings.

2. If the trial court has not ordered any injunction then you are free to sell the property and also mutate it in your favour.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A. In your case, I can presume that two brother intentionally sold the land to your father by hiding her sister.

B. Basically, the said two brothers were cheated to you by suppressing material facts towards their property. Hence, they are liable to resolve this case without receiving any cost from your end. I hope this indemnity clause might have seen in your Sale Deed also.

C. Secondly, the determination of share of sister of the two brother yet be to be determined by the Court as to whether the suit property was ancestral property or not? if it was ancestral property, as per the latest Supreme Court decision, no equal share will conferred to her if father died before 2005. And you will also be protected under the bonafide purchaser subject to paper publication or discretionary of court.

D. Thirdly, the question of law of limitation which means why she was silent till last year even the Sale was happened in the year 1994. However, the court has reserved the right to condone the delay of time. However, presumption is Court never entertained this type of suits based on delay.

E. Finally, you can challenge the case and you can alienate(Sale, Gift, Mortgage and Exchange) the property subject to absence of Stay order and the Court final verdict.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

1. While purchasing the said property, your father should have demanded production of legal heir certificate from the sellers to be confirmed that they are the only legal heirs of their deceased father's said property.

2. If the new claimant wins the case the sale to you by the said vendors will become invalid legally.

3. This getting the Court case filed by the sister may be a ploy schemed by the sellers and may be a got up game.

4. File a damage suit immediately against the said sellers alleging that they have fraudulently sold the said plot to your deceased father without disclosing that they also have a sister to claim her share in the property they have sold to your deceased father claiming refund of the money your deceased father had paid with interest, damage and cost.

5. If the lady is really the sister of the sellers, then your application for dismissing her suit will not be allowed at all .

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

By transferring the property from your father's name to your name will not solve the problem.

This type of menace that a claim from ancestral property by someone after a very late stage are common these days hence they have to be challenged based on the bonafide of the subject matter and merits in your side.

Do not seek to discharge you from the case or else an exparte decision will be given against you and you may stand losing the property since you have not objected to the claim made by the plaintiff.

You can consult your lawyer on all such further issues.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2190 Consultations

5.0 on 5.0

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