Judgement on partition cases filed on landloser bda property

This query is : Resolved 
 

(Querist)
21 February 2020

Respected Experts,
I would like to get information about cases similar to this.

Person A has got a land loser site/plot from BDA in return to the agricultural land acquired by BDA for layout formation. Now this person A sells this property to person X. After few years one of person A's brother/son/grandson/any relative having inheritance rights puts a partition case saying that he has not received the share of the money/property as it is a inherited property on Person X. Now, Person X had not taken the family tree from person A at the time of sale of plot from Person A.

I am looking for cases similar to this in which person A's relatives have won the case and judgments have been given. Also I am looking for cases in which Person X has won the case and person A has lost it. If anyone knows of such cases which have been filed and disposed off in Bangalore. Kindly let me know the case number so that I can check the judgement online. Any help in this regard is highly appreciated.

Regards,
Pushpa



Raj Kumar Makkad (Expert)
21 February 2020

What is your locus standi to put this query?

Raj Kumar Makkad (Expert)
21 February 2020

Go through the following link wherein a judgment has been passed by District Court Bengluru on somehow similar matter. Though acquisition had not taken place in the mentioned case but one of the legal heirs of deceased predecessors in interest had got patta in its name and subsequently it gave GPA-cum-Sale to third party. You shall definitely get various points therein.

https://indiankanoon.org/doc/160608186/

Pushpa (Querist)
21 February 2020

My sister owns one such property and while we are trying to sell the property many buyers claim that there are cases filed for such properties. I wanted to know if any cases are filed. If yes, what are they and what was their basis and what are the chances of one getting involved.

Pushpa (Querist)
21 February 2020

My sister purchased it from a landloser who owned one such property. She did not take the family tree of the person who sold the property. Now when we are trying to sell everyone is asking for family tree which we cannot get. So none of the buyers are interested in buying my sister's property. We had shown the papers to a learned counsel who said buyers ask for that Is there no alternative to it was our question. So we were trying to see similar cases.

Pushpa (Querist)
21 February 2020

Thank Advocate Raj Kumar Makkad. I shall check the link which you have sent.

Raj Kumar Makkad (Expert)
21 February 2020

You have posted real facts of the query at later stage. It is very easy to have the names of the predecessors in interest of the mentioned property by visiting the revenue office (Patwari) wherein the entire record must be available qua the mentioned property. As the said property was provided by BDA in lieu of the land acquisition so it is easy to have complete record. You need not to worry.

Raj Kumar Makkad (Expert)
21 February 2020

If already civil suit is pending over the said property, obtain concerned revenue record even from the court file which might have been annexed by the plaintiff therein. You sister need to take the single plea of bonafide purchaser who had deeply enquired about the revenue record prior to purchase. Revenue record was showing the name of the seller therein so being fully satisfied, she purchased it against due consideration. Your sister cannot be made sufferer of any of the lapses, if any at any stage by others.

Pushpa (Querist)
22 February 2020

Respected Advocate Shri Makkad,
Thanks for the reply.
We had gone to the revenue office for verification.
There we could see that the land was in the name of 3 people which was acquired by BDA. Later BDA might have given sites to all three people. However that we don't know.

We have filed an RTI at BDA. However we are not sure if BDA will provide information that we ask. That is on part of BDA. Only the names of land owners will be recorded in BDA.

However how many children that person had and how many were minor will not be recorded in BDA or anywhere else. That information is known only to them or if that was recorded in family tree which is not there with us. Now due to inheritance rights his children or grand children can come and file the case is what the lawyers tell. That information is not recorded anywhere so they are using that loophole and filing the cases. No one is interested in buying any property which has the possibility of getting into litigation. That is the worry.

Regards,
Pushpa

P. Venu (Expert)
22 February 2020

What is the real issue? Is there a civil case pending or the inability/hurdle in selling the property?

Dr J C Vashista (Expert)
23 February 2020

Very well analysed and advised by expert Mr. Raj Kumar Makkad, I agree.

Dr J C Vashista (Expert)
23 February 2020

Wait for delivery of judgment in the suit.
Meanwhile seek opinion and advise of the lawyer engaged by you who is well aware about the facts and circumstances / documents involved in the case and an intelligent, competent as well as able person to satisfy your queries, if any.

Raj Kumar Makkad (Expert)
23 February 2020

The information in BDA shall be consisting not only their names but also names of their father, grandfather and their addresses with the help of which you can contact to the actual parties and can obtain desired information. If information is not provided, prefer appeal under RTI Act.

T. Kalaiselvan, Advocate (Expert)
25 February 2020

There are plenty of such cases filed in various city civil courts in Bangalore.
The claims of this nature are very common in Bangalore and are being strongly organised by land mafia which control plenty of authorities by their money and other powerful influences hence you may not get justice even if you go to police and in courts it may take years to get the case disposed,. you will become fed up and go for an amicable settlement after putting up a very long legal battle through court.
Any reference in this regard may not be of any use to you since each case has to be fought on its merits because reference made to the cases settled in your favor may not be applicable to your situation and the courts may not consider the trial courts judgment as citation.
Therefore think about practical issues and plan the strategies to fight against this menace accordinlgy

Pushpa (Querist)
02 March 2020

Thanks advocate T. Kalaiselvan that was a useful piece of info. That is what is the worry. BDA should do something to stop this menace. They should not allot sites at all to landlosers. They should give money so that general public is not put into this trouble. Hopefully someday someone will bring peace to common people.

Raj Kumar Makkad (Expert)
02 March 2020

As already advised, BDA never maintain the record of the paedegree of the allottees but if you get the names and their addresses then definitely you can further be able to get the desired information by your own efforts.

Pushpa (Querist)
06 March 2020

That is the practice. However BDA is not such an open organization where people can easily get information. We have filed RTI for which they have not replied. We are in the first appeal stage. I don't know whether they will reply. If not we have to go for second appeal and see what happens. Though RTI and all is there, if people don't respond, there is nothing much one can do about it. Even after second appeal there is no sureity that they will give info. We really donno if we can do anything if they don't reply for second appeal.

It is an old sale deed. We have noticed that the address of the landloser is not mentioned anywhere. Only the village name is mentioned. At that around 20 years back there was no concept of address proof, PAN Card or Aadhaar. So there is no way one can find the original landloser so easily. In 20 years they could have changed location or whatever. One lawyer gave an interesting piece of advice which I am not sure if it works or not. He said it has been more than 21 years since you have purchased. Generally as per law assuming there was a minor child(just born for eg.) who came to know about his share and he wants to file a case. He will be allowed to file it till 21 years beyond that court will generally reject the plea that they did not do anything for so long. I am not sure if that argument is right and holds in court of law.

Raj Kumar Makkad (Expert)
06 March 2020

The advice of your lawyer is accurate vide which a minor can challenge the decree within 3 years of attaining the majority which comes to 21 years of age.

Raj Kumar Makkad (Expert)
06 March 2020

As there is provision of penalty of Rs. 250/- per day for default in supplying the demanded information at the level of second appeal under RTI Act so generally one gets accurate information at that stage. Wait for the disposal of your appeal.

Pushpa (Querist)
09 March 2020

Respected Advocate Makkad,

Thanks for the message. We will have to go with second appeal. However we are not sure if we will get the info. We are not interested in penalizing the BDA. They will know their escape route. We just want info.

Thanks for confirming what our advocate said about the 21 year rule on minor children filing for rights.
In that case are we safe or still someone can file a case.

Is it a good idea to give an advertisement in newspaper that such and such a plot is being sold and if there is anyone who has rights on this can contact us or things like that. Does that work in our favour at all. One advocate had suggested us, however we did not do that as we are not sure if that can backfire us wherein someone can harass us. So we dropped that idea.

Regards,
Pushpa



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