Reversionary rights
Satya nand aggarwal
(Querist) 29 April 2014
This query is : Resolved
Gurnam Singh through his wife Bhagwant Kaur sold the property to Amar Singh on 26-11-1965. The real brother of Gurnam Singh namely Darbara Singh challenged the sale deed being ancestral/coparcenary property and sale deed was set aside and suit was decreed with effect that it will not effect reversionary rights of Darbara Singh after the death of Gurnam Singh. Gurnam Singh died on 22-1-1986. This Bhagwant Kaur filed a suit for possession which was decreed by Lower court but but it went up to the Supreme Court and hon’ble Supreme Court held that Bhagwant Kaur cannot take benefit of the decree as she herself sold the property being attorney if G Singh. However, sale deed was challenged by Darbara Singh and Darbara Singh was also one of the legal heir of Gurnam Singh. After the death of Bhagwant Kaur my query is,
(1). Whether Legal heirs of Darbara Singh can filed suit being one of the legal heir of Gurnam Singh and take benefit of the decree or not?,
(2). Darbara Singh died, Whether his son can remain in possession of the property as Bhagwant Kaur has also died but she took the possession.
M V Gupta
(Expert) 06 May 2014
The effect of the court orders is that the property in question is Joint family property. Hence on the death of G and D their respective heirs inherit the property in question in equal proportion. Best thing for them to do is to partition the property amongst themselves in equal proportion under a registered deed of partition. Note that not only sons daughters also have equal rights in the property.
dr g balakrishnan
(Expert) 11 May 2014
Prove property not sold; if done without power to do so, also ensure whether sale is done some 30 years prior, then buyer rights get protected;
then if your rights survive; then you can as Legal heirs can claim; besides both G and D children are entitled to the property;
indeed it will be a highly protracted case to be and may cost you a lot of litigation expenses too1
