Inheritance

Querist : Anonymous (Querist) 06 September 2019 This query is : Resolved
Mr X has purchased a property and got it registered in 1997. Sale deed was executed by the power of attorney holder of the owner.
The property was originally a temple property which was managed by Mr 'Y' as a tenent and during 70s through the Land Reforms Act of Karnataka Mr 'Y' became the owner of the property. And through the Power of Attorney he sold it to X in 1997. In the year 2012, Mr Y's brother's son goes to the court claiming that it was a Joint family property and Mr Y had no rights to sell the property. And also claims that the POA's signature is fake.
The whole deal has taken place in Bangalore. An OS No. is generated and the notice is displayed near the property now.
Please clarify on the following ponts:
1. What is the locus standi of the petitioner in this case claiming the right over the property of which the ownership was got by his uncle as tenent through Land Reformation Act
2. Can he dispute a deal after 15 years of its taking place?
3 What is the way out for Mr X now?

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SHIRISH PAWAR, 7738990900 (Expert) 06 September 2019
Locus standi, limitation and other questions can be answered after careful study of papers. As suit is filed in court you have to fight out the case .

KISHAN DUTT KALASKAR (Expert) 06 September 2019
Dear Sir,
1. What is the locus standi of the petitioner in this case claiming the right over the property of which the ownership was got by his uncle as tenent through Land Reformation Act
Ans: You have to file an application under Order 7 Rule 11 CPC praying for framing preliminary issue in respect of maintainability of suit and thus suit may dismissed at the initial stage itself.
2. Can he dispute a deal after 15 years of its taking place?
Ans: Normally suits of any nature between individuals is to be filed within 12 years. You may raise point of limitation.
3 What is the way out for Mr X now?
Ans: It depends upon merits of the case.

P. Venu (Expert) 07 September 2019
Any suggestion depends upon the mode and manner in which Y had acquired title to the property. No definite suggestion is possible unless all the relevant facts are examined.

Anyhow, the suit is maintainable if the plaintiff or his predecessor has been the joint-holder along with Y and element of fraud was inherent in the transfer of the property to X.

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