Dear Lawyers Club India,
I desperately need expert advice on the following case
"One mr A inherited properties thru occupancy certficate in early 1970's in Karnataka. The properties were then transferred to his son Mr. B through the oral partition deed amongst his family members. No disputes no cliams what so ever.
All was well, subseqently Mr. B had 2 wifes Mrs C (who had 3 sons E,F,G and 2 daughters H,I) and 2nd Wife Mrs D had one son (J) and one daughter (K).
Mr B decided to sell this land to One Mr P in 1999. Mr. P an uneducated man, with his hard earned savings purchased the property from Mr B. The following were signatories to the sale deed - Mr B, his 1st wife Mrs C, their sons E,F,G and 2nd Wife Mrs D and son J . (Please note Daughers from first wife H & I and second wife K were not included in this sale deed - Deemed not necessary by the legal advisors then.) Sale deed was executed in 2001.
Now in 2012 The Mr. J (Youngest son of MR B from Second wife) Started black mailing Mr P saying he will get case registered by his sister else pay him. Mr P refused to pay him. Now the three sisters on the instance of Mr J have filed a partition suit on the property. The local court JMFC has given / granted a temporary injunction on the property and the same has been entered in the RTC / Khata of the property.
URGNET ISSUE -
Mr. P also has to get loan on the same property.
HELP
1. What ever best i have understood the section 6 (1) of hindu succession act, I am of the opinion that the case does not have merits and will be dismissed. But
what case laws must be applied to this case - to reply in such a storng way that the very first or second hearing itself this case must be dismissed immediately. Please suggest your views.
2. Can you suggest any strong lawyer in Bangalore who can take up this case and help us out of this situation. We are in desperate situation of this loan amount. But bankers refuse.
Awaiting your expert reply.
