Declaration suit
mukunda
(Querist) 21 October 2013
This query is : Resolved
There was a property of 2 acer which was purchased by person called 'A' in the year 1940, Mr 'A' had 3 sons (m1,m2,m3) and one daughter(f1) m2 sold the property by way of GPA unregistered in the year 1980, there was no partition deed or any other documents executed by (m1, m3, f1) m2 has enjoyed the complete money in 1980 with out paying to any other's in the family, the property is been fully developed by residential houses not even a site is empty, can we file the case against the property and win in the case, there are no signature done by any other family members it is only m2 who as sold the property,
m1 and m3 are ready to file a case but i need to know since it is fully developed can we get the property through court.
all the revenue records stand in the name of Mr 'A' till 1980.
let me know weather partition suit or declaration suit is better, is there any law for time and validation, which will be in our favor,
if i file a case I should win it should not be a fake case or to trouble
please do let me know
Regards
Mukund
ABDUL RAZIQUE
(Expert) 21 October 2013
yes m1, m3and f1 may file a case of partition suite along with an injunction against m2 and purchaser.
the matter of win is depend on evidence.
Ms.Nirmala P.Rao
(Expert) 22 October 2013
Dear Client,
If the purchaser had due notice of your rights in the property at the time of purchase, you can file your case for partition as soon as YOU CAME TO KNOW about THE SALE OF your shares as well -in the property in question and after receipt of consideration by m2- even now. But, if you'd kept quiet all these years about your coparcenary rights all these years- despite knowing the entire transaction, then the purchaser gets clear title to the property in question and your time of limitation of 12 years for filing partition suit- has long since been over and you can't do anything about it at this belated stage and the said transaction by m2 is binding on all of you, If you wish to Thank me for this reply please click Thank you button on my profile.
Rajendra K Goyal
(Expert) 22 October 2013
Well advised by the expert Ms.Nirmala P.Rao ji. Nothing more to add.
