Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arif Ali Saiyed (Computer Scientist)     28 January 2013

Son asking for partition in non ancestral property

 

Hi There,

                       I need some suggestion on following.

I am consiering one property for purchase in Bangalore , its a private layout. 

land was DC converted in 1982,  

Mr. 'A' purchased it in 1960 , 

Mr 'A' sold it to person 'B' 'C'and person 'D'

 

person 'B' , person 'C' and person 'D' had some partnership firm

which formed this layout by approval of gram panchayat and  sold it to various people including person 'E'

 

person 'E' holds more than one residential plots with 'A' khata. 

Now its under BBMP limits.

 

Now person A's son, has filed a partition case in COURT OF THE CIVIL JudGE(JR.DVN) 

BANGALORE RURAL DISTRICT.

 

As far I understand, Mr. 'A' had purchased it himself in 1960

so its not ansestral property, so his son should be able to claim.

 

in year 2004, A-son filed a parition suite claiming that his father

had purhcased this property from his grand father's money i.e. A-father's money.

 

A-son claimed that 'A' was not educated, A was taking care of 

milk selling business that was owned by his grand father.

 

A-son also claims that B,C &D hired tantrik to convince A

( well that sounded very funny in course case :) 

 

A-son had filed this case against A,B,C &D and 

now he has propsed to include almost 113 people

living in layout as DEFENDENT.

 

but i hear that all people in layput have hired on lawyer and they 

have declined to become "DEFENDENT".

 

what is your opinion sir? 

If sale of 1960 in which Mr 'A' is purchaser, 

 

If he dint mentioned the source of income to buy this property ?

Is it ok to buy ? 

 

If 1960 sale deed mentions the source of income as the money earned 

from family business, then should we stay away from this?

 

We in process of getting the certified extrace of sale deed of year 

1960. 

 

 



Learning

 13 Replies

Advocate Vishnu (Advocate)     28 January 2013

Arif,

when  was the property sold to b,c&d... by A...?

Arif Ali Saiyed (Computer Scientist)     28 January 2013

Thanks you for replying Mr. Vishnu,

                                                                  'A'  sold to B,C & D in year 1996. 

 

Advocate Vishnu (Advocate)     28 January 2013

Pl check if proper sale consideration prevalent at that point of time was paid by B,C and D. If you feel , the property has been undervalued, kindly avoid the purchase of this site.

Arif Ali Saiyed (Computer Scientist)     28 January 2013

Sir,

       thanks for responding, I din't understand this point clearly. 

1) Are asking me to check the value for which person 'A' sold it to person 'B' , 'C' & 'D'  in 1996 , if yes than its 

     Rs 2,90,000 for one acre of land

2) or you are asking me to check the value for which person 'A' bought it in 1960 ? if yes than its i think less than Rs 10,000 , i guess its Rs 2,500, ( i have a very unclear ceritified extract in kannada, I have applied for a new extract , I should be getting that in a day or two

3)  B,C & D layoout founders... sold three plots in this private layout  to 'E' 
     I have the copy of sale deed  for two plots only.  value of two lot is Rs 1,60,000  and the area here is like 2400 Sq
      feet. 

4) person 'E' has already sold the 2 of his three plots to person 'F'  in year 2010 for Rs 28,00,000 in white, i dont know black amount in their deal. 

5) Person 'E' is now ready to sell his 3rd plot to me for  26 lakhs white nad 10 lakhs black...

 

Person 'E' is also one of the proposed Defedent in all those 113 people. 

he is ready to give some bond ( i forgot the name used for such bond)  in written that if tomorrow courts asks us make some settlement to 'A-son', we will do that. you dont have to worry about it.

 

 

 

 

   

 

Advocate Vishnu (Advocate)     28 January 2013

Arif,

It is called an indemnity bond. You may go ahead with this purchase, if E is ready to furnish this bond. Make sure, this is registered on the day of the sale itself. Good luck.

Arif Ali Saiyed (Computer Scientist)     29 January 2013

Thank you Mr Vishnu.

You have been so helpful and kind for helping me in this regard. 
Who would otherwise spend so much time for some stranger for no benifit. 
thanks you so much.,

 

last question.
Is this "indemnty bond" also done in registrar office?
my concern is if it happens in some other office then I am not sure if we can make it happen on same day or not?

what are the consecuences of doing it on next day?

Advocate Vishnu (Advocate)     30 January 2013

Arif,

The reason I ask my clients to complete the transactions on the same day is that, if the seller does not come to the registrar office the next day, you will be put to irreparable loss.

Arif Ali Saiyed (Computer Scientist)     30 January 2013

Thanks you Mr. Vishnu,
                                             What i meant to ask this "indemnty bond" also gets done in the registrar office or 

We need to get it done from outside like some notery etc.  if its get done outside , then perhaps we would ned to plan properly get it typed and keep it ready one day before , so that all we have to do on the day of registry is  get it signed from them. 

 

                                                       

Arif Ali Saiyed (Computer Scientist)     30 January 2013

Sir,

       One more question, what made you suggest us "go for it"

A)  Case is weak , based the background that i described.

B)  Value of transactions tha has happened  so far. 

C)  "indemnty bond" that  seller is ready to sign. 

 

I am guessing your answer would be either A) or C)   :)

-Arif 

Advocate Vishnu (Advocate)     30 January 2013

Arif,

A) It is difficult to give a proper  opinion , without taking a look at all the documents and the nature of case that has been filed.

C) yes.This will protect you, in case the plaintiff succeeds in his case.

Arif Ali Saiyed (Computer Scientist)     13 February 2013

Indemnity bond, Is it suppose to be a seprate document registered in registrar office ? 

or in sale deed itself its menitoned that its free from all litigation, if there is any seller will take care. 

Arif Ali Saiyed (Computer Scientist)     13 February 2013

Another question  seller ('E')  is already 71 year old.  
what if he dies and later plaintiff wins the case? what happens in that case? 

Arif Ali Saiyed (Computer Scientist)     13 February 2013

Seller 'E' is said to have three daughters , all of whom are abroad. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register