Hi,
I need advice as to how to proceed on the following issue:
We bought a non DC converted site in Bangalore in 2003 . The site was directly bought from the owner and we also got his wife and 2 sons to become consenting witnesses. Though there was a developer who acted as a intermediary, the sale deed was between the owner and us. The owner had a CMC katha in his name and also the EC showed that he had the property. This was an ancestral property which his father had got through palpatti and the same was divided between him and his brothers(own& stepbrothers) through an unregistered, notarized partition deed, a copy of which he shared with us. Further, we got the katha done in our name (CMC & BBMP) and the latest EC also shows us as owners of the property.
However, the said property is still shown as a part of a survey number in the RTC and the RTC still has the previous owner's father name on it.
Based on this, in 2011, the previous owner has put a case-1 on the entire survey number and on his own and step siblings asking for more share from that survey number.
In 2012, his sons have put a case-2 on him and his brothers that they have illegally sold the property which was of a HUF to the developer and others.
While our site number was not mentioned in either of the cases, the survey number is put and we haven't received any summons. In 2014, when we went in to put up a compound to the site, we were stopped by the previous owner's sons saying that its under litigation and hence they are the owners of the property and they are trying to encroach my property.
They are adamant and making a new story that the sale has not happened/ its forgery as the property is of HUF kind and hence cannot be executed by their father.
I need to know the following:
1. Should we implede ourselves into the case-2 as we have not got any summons or have not been called, but we are not allowed usage of our property. Will there be any cost implications for me if i Implede to this case?
2. Should we wait for the plaintiff to implede us or can we implede ourselves into case-2.
3. Should we file a police complaint and then start a fresh case to get injunction order from court . I was informed that the court fees is more than 50,000/- and a new case can go upto 3-5 years or more.
4. Should the person in whose name the property has been bought always appear when summoned or can he give a POA for the same for his representative to attend the court hearing.
Can you please suggest what should we be doing.
Regards,
Roopa
